Last updated: December 25, 2020
Please note: Section 19.0 of these Terms contains an arbitration clause and class action waiver that applies to all claims brought against Land.Lease in the United States that applies to all Land.Lease Members. If your country of residence is the United States, this provision applies to all disputes with Land.Lease. If your country of residence is outside of the United States, this provision applies to any action you bring against Land.Lease in the United States. It affects how disputes with Land.Lease are resolved.
If your country of residence is within the European Union then you can access the European Commission’s online dispute resolution platform by following this link: http://ec.europa.eu/consumers/odr. Please note that Land.Lease is not committed nor obliged to use an alternative dispute resolution entity to resolve disputes with consumers within the EU. By accepting these Terms, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.
Thank you for using Land.Lease.
These Terms constitute a legally binding agreement ("Agreement") between you and Land.Lease (as defined below) governing your access to and use of the Land.Lease website, including any subdomains thereof, and any other websites through which Land.Lease makes its services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "Land.Lease Services"). The Site, Application and Land.Lease Services together are hereinafter collectively referred to as the “Land.Lease Platform”.
When these Terms mention “Land.Lease,” “we,” “us,” or “our,” it refers to Land.Lease Ireland (“Land.Lease Ireland”).
Any and all payment processing services through or in connection with your use of the Land.Lease Platform ("Payment Services") are provided to you by one or more Land.Lease Payments entities (individually and collectively, as appropriate, "Land.Lease Payments"). VENDORS alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings. It is the VENDORS responsibility alone to ensure that THE BUYER holds appropriate Sporting Insurance prior to the commencement of any lease. In many counties, both VENDORS and BUYERS may have to register, get a permit or obtain a license before providing certain VENDOR Services (such as preparing food, serving alcohol for sale, guiding tours or operating a vehicle) or engaging in Sporting activities. VENDORS are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any VENDOR Services they offer. BUYERS alone are responsible for obtaining the appropriate licences they need for the execution of sporting leases and are alone responsible for the execution of leases in accordance with Wildlife and Fisheries Protections Legislation. Penalties may include fines, imprisonment or other enforcement. If you have questions about how local laws apply to your Listing on Land.Lease, you should always seek legal guidance.
1.0 Scope of Land.Lease Services
1.1 The Land.Lease Platform is an online marketplace that enables the leasing of the right to hunt, shoot and fish to be referred to as “Sporting Rights” on a particular measure of land “Property” for a pre-defined period of time “Duration” by facilitating the interaction between registered users (“Members”) and certain third parties who offer services (Members and third parties who offer services are “VENDORS” and the services they offer are “VENDOR Services”) to publish such VENDOR Services on the Land.Lease Platform (“Listings”) and to communicate and transact directly with Members that are seeking to purchase such VENDOR Services (Members using VENDOR Services are “BUYERS”). "BUYERS ASSOCIATE(S)" are anyone who has express permission from the BUYER to exercise the Sporting Rights on a Property in accordance with a specific Lease. VENDOR Services primarily refer to the offering of hunting and fishing leases on properties for use ("Permits"), single day, weekly, monthly, annual or seasonal leases. VENDOR Services may also include but are not limited to the provision of accommodations, food, lodgings, camp sites, shooting cages, beaters, guides, instructors, permission to use different forms of transport while on the Property such as quad bikes, ATV’s, horses, ponies or donkeys or any other listed or unlisted service as provided by the VENDOR.
1.2.1 The words of which the initial letter is capitalized or where all the letters are capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
1.2.2 VENDORS may be defined as anyone who has undisputed ownership of the Sporting Rights over a particular measure of land. VENDORS may be; Landowners, Foresters, Farmers, Governmental Organisations, Ranchers, Appointed Land Mangers; these phrases are interchangeable and are understood to have the same definition. VENDORS are individuals or companies who have the sole and undisputed right to lease and otherwise manage the Sporting Rights of a particular Property. Ownership of Land carries with it the right to kill or capture wild animals on it and fish in its waters. Collectively these rights are known as “Sporting Rights”. Sporting Rights are defined as the right to shoot over a Property and to take away all carcases of harvested fish and animals. Sporting Rights may be leased independent of a Property for a profit. Such leases are the product offered for sale by VENDORS on the Land.Lease Platform. The right to exercise these Sporting Rights are superseded by the Wildlife and Fisheries Protection Legislation in the jurisdiction of the listed Property.
1.2.3 “Quarry Species” are all wild animals and fish that are available to kill and capture. Harvesting of Protected Quarry Species requires the pertinent licence as issued by the pertinent licencing authority where the Property is situated and these Quarry Species may only be harvested in season. Protected Quarry Species may only be harvested if THE BUYER and THE BUYERS ASSOCIATE(S) have obtained the pertinent licence to do so and only within the permitted season. Those Quarry Species not offered protected status can be harvested year round and require only the permission THE VENDOR as granted in THE PERMIT to harvest.
1.2.4 A “Listing” is defined as a clear and succinct description to the Sporting Rights for lease at a particular Property. THE VENDOR is responsible for the content of THE LISTING. It may take the form of a set purchase price or an auction as per the preferences of THE VENDOR. The Listing comprises the definition of the terms of THE PERMIT.
1.2.5 “A Property” or "A Site" as stipulated by THE VENDOR in a listing refers to the specific measure of Land or LAND to which the outlined Sporting Rights pertain. Otherwise to be referred to as THE LAND. The Location, general description and acreage of the Property or Site or LAND or Land is described by THE VENDOR in the Listing. Land.Lease reserves the right to verify THE VENDORS claim to the Sporting Rights attached to a Property or Site should Land.Lease deem it necessary to do so.
1.2.6 THE PERMIT comprises the lease of Sporting Rights on the Property. The lease as stipulated in THE PERMIT or Permit leases the stipulated Sporting Rights only. It is not a lease of the Land itself nor does it confer any rights other than Sporting rights onto the BUYER. The PERMIT does not confer the right to use the Land for any purposes other that Sporting onto the Buyer. It is a legal document to which both VENDOR and BUYER are legally bound. It is documentary evidence of the granting of permission to pursue Sporting Rights on a Property or Site as granted by the VENDOR to the BUYER for the specified duration.
1.2.7 The phrases "Hunt Club", "Syndicate", "Commercial Outfit" and "Commercial Outfitter" are interchangeable and understood to have the same definition. A Hunt Club is defined as a group of more than seven members, including The BUYER, who intend to access A Site during a Lease. If the numbers of Buyers Associates numbers no more than six then the group is not deemed to be a Commercial Outfit, Syndicate or Hunt Club.
1.2.8 As the provider of the Land.Lease Platform, Land.Lease does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or VENDOR Services, nor is Land.Lease an organiser or retailer of sporting packages under Directive (EU) 2015/2302 or any other such similar legislation in other jurisdictions. VENDORS alone are responsible for their Listings and VENDOR Services. When Members make or accept a booking, they are entering into a contract directly with each other. Land.Lease is not and does not become a party to or other participant in any contractual relationship between Members, nor is Land.Lease a real estate broker or insurer. Land.Lease is not acting as an agent in any capacity for any Member, except as a payments facilitator and permit writer.
1.2.9 While we may help facilitate the resolution of disputes, Land.Lease has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or VENDOR Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. Land.Lease does not endorse any Member, Listing or VENDOR Services. Any references to a Member being "verified" (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Land.Lease about any Member, including of the Member's identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to lease the sporting rights to a particular PROPERTY, accept a booking request from a BUYER, or communicate and interact with other Members, whether online or in person. Images are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by Land.Lease of any VENDOR or Listing.
1.2.10 If you choose to use the Land.Lease Platform as a VENDOR, your relationship with Land.Lease is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Land.Lease for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Land.Lease. Land.Lease does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the VENDOR Services. You acknowledge that you have complete discretion whether to list VENDOR Services or otherwise engage in other business or employment activities.
1.2.11 To promote the Land.Lease Platform and to increase the exposure of Listings to potential BUYERS, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements in accordance with Section 5.0 To assist Members who speak different languages, Land.Lease may make automated tools available to enable Members to translate Listings and other Member Content, in whole or in part, into other languages. Members are free to use these tools at their own discretion. Land.Lease cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations.
1.2.12 The Land.Lease Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Land.Lease is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Land.Lease of such Third-Party Services.
1.2.13 Land.Lease is not responsible for outages or disruptions of the Internet and telecommunications infrastructure which are beyond our control and can lead to interruptions in the availability of the Land.Lease Platform. Land.Lease may, temporarily and under consideration of the Members’ legitimate interests (e.g. by providing prior notice), restrict the availability of the Land.Lease Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Land.Lease Platform. Section 17.0 (Liability) remains unaffected. Land.Lease may improve, enhance and modify the Land.Lease Platform and introduce new Land.Lease Services from time to time. Land.Lease will provide notice to Members of any changes to the Land.Lease Platform, unless such changes are of minor nature without having a material effect on the parties’ contractual obligations.
2.0 Eligibility, Using the Land.Lease Platform, Member Verification
2.1 In order to access and use the Land.Lease Platform or register an Land.Lease Account you must be an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are registered and able to enter into legally binding contracts.
2.2 You will comply with any applicable export control laws in your local jurisdiction. You also represent and warrant that (i) neither you nor your VENDOR Service(s) are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
2.3 Land.Lease may make access to and use of the Land.Lease Platform, or certain areas or features of the Land.Lease Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Member’s booking and cancellation history.
2.4 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
2.5 The access to or use of certain areas and features of the Land.Lease Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions,before you can access the relevant areas or features of the Land.Lease Platform. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Land.Lease Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise in the latter terms and conditions.
2.6 If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. Some areas of the Land.Lease 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.
3.0 Modification of these Terms
Land.Lease reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Land.Lease Platform. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Land.Lease Platform will constitute acceptance of the revised Terms.
4.0 Account Registration
4.1 You must register an account ("Land.Lease Account") to access and use certain features of the Land.Lease Platform, such as publishing or booking a Listing. If you are registering an Land.Lease Account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
4.2 You can register an Land.Lease Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google ("SNS Account"). You have the ability to disable the connection between your Land.Lease Account and your SNS Account at any time, by accessing the "Settings" section of the Land.Lease Platform.
4.3 You must provide accurate, current and complete information during the registration process and keep your Land.Lease Account and public Land.Lease Account profile page information up-to-date at all times. BUYERS must update their insurance policy details to be eligible to purchase a lease.
4.4 You may not register more than one (1) Land.Lease Account unless Land.Lease authorizes you to do so. You may not assign or otherwise transfer your Land.Lease Account to another party.
4.5 You are responsible for maintaining the confidentiality and security of your Land.Lease Account credentials and may not disclose your credentials to any third party. You must immediately notify Land.Lease if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Land.Lease Account. You are liable for any and all activities conducted through your Land.Lease Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
4.6 Land.Lease may enable features that allow you to authorize other Members or certain third parties to take certain actions that affect your Land.Lease Account. For example, we may enable Members to link their Land.Lease Accounts to businesses and take actions for those businesses, we may enable eligible Members or certain third parties to book Listings on behalf of other Members, or we may enable Hosts to add other Members as Co-Hosts (as defined below) to help manage their Listings. These features do not require that you share your credentials with any other person. No third party is authorized by Land.Lease to ask for your credentials, and you shall not request the credentials of another Member.
5.1 Land.Lease may enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Land.Lease Platform ("Member Content"); and (ii) access and view Member Content and any content that Land.Lease itself makes available on or through the Land.Lease Platform, including proprietary Land.Lease content and any content licensed or authorized for use by or through Land.Lease from a third party ("Land.Lease Content" and together with Member Content, "Collective Content").
5.2 The Land.Lease Platform, Land.Lease Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States, EU, UK and other countries. You acknowledge and agree that the Land.Lease Platform and Land.Lease Content, including all associated intellectual property rights, are the exclusive property of Land.Lease and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Land.Lease Platform, Land.Lease Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Land.Lease used on or in connection with the Land.Lease Platform and Land.Lease Content are trademarks or registered trademarks of Land.Lease in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Land.Lease Platform, Land.Lease Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Land.Lease Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Land.Lease or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4 Subject to your compliance with these Terms, Land.Lease grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Land.Lease Platform and accessible to you, solely for your personal and non-commercial use.
5.5 By uploading, posting or otherwise making available any Member Content on or through the Land.Lease Platform, you grant to Land.Lease, as you create, publish or make it available, a non-exclusive, worldwide, royalty-free, sub-licensable and transferable license to such Member Content, for the term of the protection of the rights so licensed, to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the Land.Lease Platform, in any media or platform, known or unknown to date and in particular on Internet and social networks. Insofar as Member Content (including Verified Images) includes personal information, such Member Content will only be used for these purposes if such use complies with applicable data protection laws. Unless you provide specific consent, Land.Lease does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.
5.6 Land.Lease may offer VENDORS the option of having professional photographers take photographs of their VENDOR Services, which are made available by the photographer to VENDORS to include in their Listings with or without a watermark or tag bearing the words "Land.Lease Verified Photo" or similar wording ("Verified Images"). You are responsible for ensuring that your VENDOR Service is accurately represented in the Verified Images and you will stop using the Verified Images on or through the Land.Lease Platform if they no longer accurately represent your Listing, if you stop using the VENDOR Service featured, or if your Land.Lease Account is terminated or suspended for any reason. You acknowledge that you hold no ownership right whatsoever in the intellectual property related to any Verified Images. You acknowledge and agree that Land.Lease shall have the right to use any Verified Images in accordance with Section 5.5 including to provide and promote the Platform. Land.Lease in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Verified Images outside of the Land.Lease Platform solely for your personal and non-commercial use.
5.7 You are solely responsible for all Member Content that you make available on or through the Land.Lease Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the Land.Lease Platform or you have all rights, licenses, consents and releases that are necessary to grant to Land.Lease the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Land.Lease's use of the Member Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
5.8 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities or substances; or (vi) violates any of Land.Lease’s policies. Land.Lease may remove or disable access to any Member Content that is in violation of applicable law, these Terms or Land.Lease’s then-current Policies or Standards, or otherwise may be harmful or objectionable to Land.Lease, its Members, third parties, or property. Where Land.Lease removes or disables Member Content, Land.Lease will notify a Member and provide the reasons for such a measure, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Members or third parties, or (ii) contravene applicable laws. You may appeal such a decision,
5.9 Land.Lease respects copyright law and expects its Members to do the same. If you believe that any content on the Land.Lease Platform infringes copyrights you own, please notify us.
6.0 Service Fees
6.1 Land.Lease may charge fees to VENDORS ("VENDOR Fees") and/or BUYERS ("BUYER Fees") (collectively, "Service Fees") in consideration for the use of the Land.Lease Platform.
6.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to a VENDOR or BUYER prior to publishing or booking a Listing. Land.Lease reserves the right to change the Service Fees at any time, and will provide Members adequate notice of any fee changes before they become effective. Such fee changes will not affect any bookings made prior to the effective date of the fee change.
6.3 You are responsible for paying any Service Fees that you owe to Land.Lease. The applicable Service Fees (including any applicable Taxes) are collected by Land.Lease Payments. Land.Lease Payments will deduct any VENDOR Fees from the Listing Fee before remitting the payout to the VENDOR. Any BUYER Fees are included in the Total Fees collected by Land.Lease Payments. Except as otherwise provided on the Land.Lease Platform, Service Fees are non-refundable.
6.4 Rounding off
Land.Lease generally supports payment amounts that are payable from or to BUYERS or VENDORS to the smallest unit supported by a given currency (i.e., U.S. cents, Euro cents or other supported currencies). Where Land.Lease’s third-party payment services provider does not support payments in the smaller unit supported by a given currency, Land.Lease may, in its sole discretion, round up or round down the displayed amounts that are payable from or to BUYERs or VENDORs to the nearest whole functional base unit in which the currency is denominated (i.e. to the nearest dollar, Euro or other supported currency).
7. Terms specific for VENDORS “VENDORS TERMS”
7.1 Terms applicable to all Listings
7.1.1 THE VENDOR is defined as the person who has undisputed ownership over or authority to manage the Sporting Rights pertaining to The Property. By making The Listing, THE VENDOR is making a legally binding declaration that they alone have undisputed authority to sell, lease or otherwise manage the Sporting Rights of The Property. THE VENDOR sells The Permit. The stipulations of The Permit are outlined in The Listing. THE VENDOR is subject to all the conditions, exceptions, reservations and stipulations as outlined below in THE VENDORS TERMS. VENDORS may include landowners, leaseholders, farmers, foresters, public bodies, nominated managers of estates, or those who have ownership of the Sporting Rights to The Property with or without having any other association to The Property.
7.1.2 Any individual who represents themselves as a legitimate VENDOR and posts a Listing who, knowingly or unknowingly, does not have undisputed authority to manage the Sporting Rights of The Property may be party to an act of criminality for which they may be subject to legal prosecution.
7.1.3 When creating a Listing through The Land.Lease Platform THE VENDOR must (i) provide complete and accurate information about THE VENDOR Service (such as description, location, and calendar availability), (ii) disclose any deficiencies, restrictions, criteria for access, cull numbers and reporting thereof, and requirements that apply (such as any minimum age, fitness to pursue the specified Sporting Rights, hunting qualification, marksmanship abilities, hunt or shooting club membership of other evidences of proficiency) and (iii) provide any other pertinent information requested by Land.Lease. THE VENDOR is responsible for keeping the Listing information (including calendar availability) up-to-date at all times.
7.1.4 THE VENDOR is solely responsible for setting a price (including any Taxes if applicable, or charges) for THE VENDOR Listing (“Listing Fee”). Once a BUYER purchases a lease THE VENDOR may not request that the BUYER pays a higher price than the purchase price.
7.1.5 Any terms and conditions included in THE VENDOR Listing or included anywhere else by THE VENDOR of the Land.Lease Platform, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for THE VENDOR Listing. THE VENDOR agrees to comply with THE VENDORS TERMS for THE DURATION of The Permit on penalty of immediate termination of The Permit. Should any clear conflict become apparent between these Terms and specific terms, conditions, criteria, stipulations for access as specified by a Vendor then it is the Vendors Stipulations that take precedent. This is only applicable in the case of a clear and demonstrable conflict between these Terms and the Specific Stipulations as presented by the Vendor and in such instances where the Vendors Terms and the Specific Stipulations are not deemed to be written in such a manner as to extend beyond the right and reasonable business of offering Sporting leases on a particular measure of Land. If the Vendors Terms or other Stipulations as the above mentioned stipulations intrude, invalidated or otherwise impact upon the operation of the Land.Lease platform or business interests this element of the Vendors Terms will be disregarded and these Terms will take precedence.
7.1.4 THE VENDOR acknowledges and agrees that since Land.Lease constitutes only a marketplace, playing the role of intermediary only and taking no part in the deal itself save for the introduction of interested parties, the processing or payments and the production of the document known as The Permit, it is THE VENDOR who is selling directly to THE BUYER as is therefore liable for the payment of any and all taxes such as VAT pertaining to any sale temporary leasing of Sporting Rights on The Property described in The Listing and that Land.Lease shall at no time bear any liability whatsoever in this regard. THE VENDOR takes full responsibility for the payment of any and all taxes associated with the sale of The Permit.
7.1.5 Pictures, maps, aerial footage or videos (collectively, "Images") used in THE VENDOR Listings must accurately reflect the quality and condition of The Property. Land.Lease reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.
7.1.6 The placement and ranking of Listings in search results on The Land.Lease Platform may vary and depend on a variety of factors, such as BUYER search parameters and preferences, VENDOR requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, available Sporting Activities, and/or ease of booking.
7.1.7 When THE VENDOR sells a lease to a BUYER, THE VENDOR is entering into a legally binding agreement with the BUYER known as The Permit. THE VENDOR is required to provide exclusive access to the Sporting Rights of The Property to the BUYER as described in The Listing. THE VENDOR also agrees to pay the applicable VENDOR Fee and any applicable Taxes.
7.1.8 Land.Lease recommends that VENDORS obtain appropriate insurance for their Properties. THE VENDOR will at all times hold Land.Lease harmless for any and all civil claims made against THE VENDOR on a property as a result of a Lease. THE VENDOR is duly advised to review any respective insurance policy carefully, and in particular make sure that they are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not THE VENDORS insurance policy will cover the actions or inactions of BUYERS (and the individuals THE BUYER ASSOCIATES, if applicable) while accessing THE VENDORS Property.
7.1.9 THE VENDOR understands and agrees that unless THE VENDOR opt out of automatic annual renewal that any lot offered by THE VENDOR, either by auction of fixed price, will automatically be listed the following year and all other subsequent years until such time as THE VENDOR discontinues this process by editing or deleting the lot in question.
7.2 Listing PROPERTIES
7.2.1 Unless expressly allowed by Land.Lease, THE VENDOR may not list more than one Property per Listing.
7.2.2 If THE VENDOR chooses to require a security deposit for a lease, THE VENDOR must specify this in The Listing ("Security Deposit"). VENDORS are not allowed to ask for a Security Deposit (i) after a booking has been confirmed or (ii) outside of The Land.Lease Platform.
7.2.3 Any Listing THE VENDOR posts and the subsequent sale of the lease, or a BUYERS access to, a Property shall (i) not breach any agreements THE VENDOR have entered into with any third parties, such as homeowners association, landlords, or other agreements, and (ii) comply with all applicable laws (such Wildlife and Fisheries Protection laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations).
7.2.4 THE VENDOR commits to sell The Permit to only one BUYER per DURATION. THE VENDOR understands that the Sporting Rights to The Property become the private personal property of THE BUYER at the culmination of a successful tendering process and the exercising of these Sporting Rights are the sole and exclusive right of THE BUYER and the sharing of these rights with THE BUYERS ASSOCIATE(S) is at the BUYER'S discretion, with due consideration paid to THE VENDOR regarding the provision of identification, competencies and insurance cover of all BUYERS ASSOCIATE(S). THE VENDOR will not sell Sporting Rights on The Property to any other party other than THE BUYER nor will the VENDOR exercise Sporting Rights on The Property save with the express consent and permission of THE BUYER or for the control of pest species.
7.2.5 THE VENDOR will at all times conduct activities in a manner which ensures THE BUYER is able to pursue their Sporting Rights. THE VENDOR undertakes to conduct all agricultural and forestry operations on The Property with due consideration for the welfare of game, particularly during the breeding/nesting season and to ensure no forestry nor farming operations are carried out on identified shoot days.
7.2.6 THE VENDOR undertakes to keep all rights of way in woodlands properly trimmed and free from obstruction and provide stock proof fences to woods, plantations and cover crops where required. THE VENDOR commits to renew, replace and manage the existing woodland and wildlife habitat as far as possible according to the best interests of game and other wildlife.
7.2.7 THE VENDOR will pay due consideration to the notification of THE BUYER of proposals of management of The Property. THE VENDOR covenants to allow the erection of game bird release pens, feedlots, hides or any other such sporting structures on PROPERTIES previously approved by both THE VENDOR and THE BUYER.
7.2.8 THE VENDOR commits to take all reasonable steps to assist in the apprehension and prosecution of persons found poaching or trespassing in search of Quarry Species or the eggs of game.
7.2.9 THE VENDOR agrees to furnish in a timely manner, upon request of THE BUYER any Folio Numbers, GIS Numbers or other specific registration numbers pertaining to The Property when said “Identifying Numbers” are necessary for the acquisition of the pertinent licence from licencing authorities such as is the case with deer. An Identifying Number is any registration number that formally identifies The Property with governmental bodies responsible for the inventory of land ownership or ordnance survey. Failure by THE VENDOR to properly identify The Property by producing recognised registration for The Property such as deeds of ownership or Identifying Numbers or any other such registration details shall be interpreted as breach of contract declaring the The Permit invalid. In such an instance THE VENDOR will be obligated to refund the Purchase Price of The Permit to THE BUYER though at this stage Land.Lease has no obligation to either party short of the appointment of an ARBITRATOR.
7.2.10 In the case of auction, THE VENDOR is not obligated to accept the highest bid, but reserves the right to review the quality of all bids, as per their own stated or unstated preferences, expressed or unexpressed prior to the commencement of the auction or otherwise held as price is often not the only consideration in the granting of The Permit. THE VENDOR reserves the right to accept the highest quality bid independent of bid price.
7.3.1 Land.Lease may enable VENDORS to authorize other Members (“Co-VENDORS”) to administer the VENDOR’s Listing(s), and to bind the VENDOR and take certain actions in relation to The Listing(s) as permitted by the VENDOR, such as processing requests, messaging and welcoming BUYERS, and updating The Listing Fee and calendar availability (collectively, “Co-VENDOR Services”). Any agreement formed between VENDOR and Co-VENDOR may not conflict with these Terms or any other Policies applicable to THE VENDOR Service(s). Co-VENDORS may only act in an individual capacity and not on behalf of a company or other organization, unless expressly authorized by Land.Lease. Land.Lease reserves the right, in our sole discretion, to limit the number of Co-VENDORS a VENDOR may invite for each Listing and to limit the number of Listings a Co-VENDOR may manage.
7.3.2 VENDORS should exercise due diligence and care when deciding who to add as a Co-VENDOR to their Listing(s). VENDORS are responsible and liable for any and all Listings and Member Content published on The Land.Lease Platform created by a Co-VENDOR on their behalf. Further, VENDORS remain responsible and liable for their own acts and omissions, including, but not limited to, conduct that causes harm or damage to the Co-VENDOR(s). Co-VENDORS remain responsible and liable for their own acts and omissions when engaging in their roles and responsibilities as a Co-VENDOR, including, but not limited to, conduct that causes harm or damage to the VENDOR. In addition, both VENDOR and Co-VENDOR are jointly responsible and severally liable for third party claims, including BUYER claims, arising from the acts and omissions of the other person as related to VENDORING activities, communications with BUYERs, and the provision of any Co-VENDOR Services.
7.3.3 Unless agreed otherwise by THE VENDOR and Co-VENDOR, VENDOR and Co-VENDOR may terminate the Co-VENDOR agreement at any time. In addition, both VENDOR and Co-VENDOR acknowledge that their Co-VENDORING relationship will terminate in the event that Land.Lease (i) terminates the Co-VENDOR service or (ii) terminates either party’s participation in the Co-VENDOR service. When the Co-VENDOR agreement is terminated, the VENDOR will remain responsible for all of the Co-VENDOR’s actions prior to the termination, including the responsibility to fulfill any pending or future bookings initiated prior to the termination, except in the event of gross misconduct or malicious behavior of the Co-VENDOR. When a Member is removed as a Co-VENDOR, that Member will no longer have access to any VENDOR or BUYER information related to the applicable VENDOR’s Listing(s).
7.4.4 As a Co-VENDOR, THE VENDOR will not be reviewed by BUYERS, meaning that THE VENDOR Co-VENDOR activities will not affect THE VENDOR Reviews or Ratings for other Listings. Instead, the VENDOR of such Listing(s) will be reviewed by BUYERS (including potentially on the basis of the Co-VENDOR’s conduct and performance). VENDORS acknowledge that Reviews and Ratings from BUYERS for their Listing(s) may be impacted by a Co-VENDOR’s conduct and performance.
8.0 Terms specific for BUYERS “BUYERS TERMS”
8.1 Terms applicable to all leases
8.1.1 THE BUYER agrees at all times to comply with THE BUYERS TERMS. Both THE BUYER and any THE BUYERS ASSOCIATE(S) agree to these basic minimum requirements as stipulated below in the BUYERS TERMS.
8.1.2 THE BUYER is defined as the person who purchases the lease of Sporting Rights as stipulated in The Listing and takes possession of The Permit. THE BUYER takes possession of The Permit after the culmination of a successful tendering process and the payment of the agreed upon fee to THE VENDOR via Land.Lease. THE BUYER is subject to all the conditions, exceptions, reservations and stipulations as outlined below in THE BUYERS TERMS. BUYERS are anyone interested in the acquisition of a lease of Sporting Rights for The Property. These include but are not limited to hunters, stalkers, shooters, professional hunt tour operators, commercial outfitters, representatives of ‘hunt clubs, fishermen or anglers.
8.1.3 THE BUYERS ASSOCIATE(S) are defined as any persons who exercise the Sporting Rights as detailed in The Permit with the express permission of THE BUYER. THE BUYER is urged to provide the identity of all of THE BUYERS ASSOCIATE(S) to THE VENDOR upon the completion of a successful tendering bid for The Listing upon the issuance of The Permit by, or in the absence of, request to do so from THE VENDOR. THE BUYER bears ultimate responsibility for the conduct of THE BUYERS ASSOCIATE(S) thought each individual THE BUYERS ASSOCIATE is subject to all the conditions, exceptions, reservations and stipulations as outlined below in THE BUYERS TERMS. A BUYER may have associates if he is the representative of a syndicate, company or ‘hunt club’ composed of THE BUYERS ASSOCIATE(S).
8.1.4 The onus is on the BUYER to know if a particular Quarry Species has been offered protection by the Wildlife and Fisheries Protection Legislation in the jurisdiction of The Property. The onus is on THE BUYER to know this and comply with all pertinent Wildlife and Fisheries Protection Legislation and to acquire all necessary licences to do so as per said Legislation.
8.1.5 THE BUYER and THE BUYER ASSOCIATE(S) exercising the Sporting Rights on The Property as permitted by The Permit are required to be appropriately trained and competent, safe and responsible, compliant with legislation and licence conditions, and to commit to ensure the highest standards of animal welfare are maintained at all times.
8.2.1 Subject to meeting any requirements (such as completing any verification processes, providing proof of insurance & proof of competencies such as Hunting Qualifications) set by Land.Lease and/or the VENDORS, THE BUYER can lease the Sporting Rights on The Land.Lease Platform by following the respective leasing process. All applicable fees, including The Listing Fee, Security Deposit (if applicable), BUYER Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to THE BUYER prior to purchasing a lease. THE BUYER agrees to pay the Total Fees for any lease requested in connection with THE BUYERS Land.Lease Account.
8.2.2 Upon receipt of a booking confirmation from Land.Lease, a legally binding agreement is formed between THE BUYER and THE VENDOR, subject to any additional terms and conditions of the VENDORS that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in The Listing. This legally binding agreement will be referred to as “The Permit”. Land.Lease Payments will collect the Total Fees at the time of the booking request or upon the VENDORS confirmation. For certain leases, BUYERS may be required to pay or have the option to pay in multiple instalments.
8.2.3 If THE BUYER book a VENDORS Service on behalf of additional BUYERS, known as BUYERS ASSOCIATES, THE BUYER is required to ensure that every additional BUYERS ASSOCIATES meets any requirements set by the VENDORS, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the VENDORS. All BUYERS and BUYERS ASSOCIATES must have appropriate Insurance. The Permit is invalidated in the absence of Sporting Insurance. If THE BUYER intends to bring along another participant who is a minor, THE BUYER represents and warrants that THE BUYER is legally authorized to act on behalf of the minor. Minors may only participate in Sporting Activities if accompanied by an adult who is responsible for them.
8.2.4 Land.Lease may enable a BUYER who is purchasing a lease on behalf of one or more additional BUYERS or “BUYERS ASSOCIATES” (the “Organizer”) to split the payment of the Total Fees for an eligible lease on a pro-rata basis between the Organizer and at least one other additional BUYER (each a “Co-Payer”) (the “Group Payment Service”). In order to participate in the Group Payment Service, each Co-Payer must have or register a Land.Lease Account prior to making a payment. All payments via the Group Payment Service are handled by Land.Lease Payments.
8.2.5 The BUYER is obligated to inform the VENDOR if they are the representative of a Hunt Club.
8.3 Leasing PROPERTIES
8.3.1 THE BUYER understand that a confirmed lease of Sporting Rights pertaining to a PROPERTY (“PROPERTY Leasing”) is a limited license granted to THE BUYER by the VENDORS to enter, access and use The Property for the specified duration for the harvesting of specified Quarry Species during which time the VENDORS (only where and to the extent permitted by applicable law) retains the right to re-enter The Property, in accordance with THE BUYERS agreement with the VENDORS.
8.3.2 THE BUYER agrees to vacate The Property no later than end date of The Duration as specified by The Permit and that the VENDORS specify in The Listing or such other date as mutually agreed upon between THE BUYER and the VENDORS. If THE BUYER access The Property past the agreed upon date without the VENDORS express written consent (“Overstay”), THE BUYER no longer have permission to access The Property and the VENDORS is entitled to make THE BUYER leave in a manner consistent with applicable law.
8.4.1 THE BUYER commits to the purchase and maintenance of an insurance policy appropriate for exercise of Sporting Rights in accordance with the below minimum Insurance Requirements. Without prejudice or limitation to THE BUYERS liability, THE BUYER shall maintain the Insurances set out hereunder and shall furnish evidence of same to THE VENDOR no later that one day prior to commencement of The Permit. Such insurance cover must extend for The Duration of The Permit.
8.4.2 THE BUYER understands and will not under any circumstance challenge the testament that by their voluntary entering into these terms and by voluntarily undertaking to participate in the pursuit of Hunting, Shooting, Fishing or any other Sporting Activities stipulates or unstimulated, does hereby forfeit any and all right to claim against THE VENDOR or Land.Lease or both for any injury sustained or perpetrated on or in the vicinity of The Property in perpetuity no matter the nature, degree or severity of such injury as THE BUYER is aware that the act of participation is said activities and accessing The Property for said purpose is to be interpreted as a complete, total and utter forfeiture of any and all rights to make claims of compensation or consideration from THE VENDOR or Land.Lease for any purpose for ever more.
8.4.3 THE BUYER shall at all times maintain public liability Insurance with an indemnity of not less than 1,000,000.00 in the denomination of the Country where the Property is situated, for any one accident to include an indemnity to THE VENDOR as joint Insured and to include cross-liabilities clause set out hereunder - "for the purpose of this Policy each of the parties comprising the Insured shall be considered a separate and distinct unit and the words 'the Insured' shall be considered as applying to each party in the same manner as if a separate Policy had been issued to each of the said parties and the Insurers hereby agree to waive all rights of subrogation or action which the Underwriters have or require against either of the aforesaid parties arising out of an accident in respect of any claims made hereunder".
8.4.4 THE BUYER understands that the failure to hold appropriate insurance for the exercising of Sporting Rights will result in an immediate termination of The Permit and exclusion from future opportunities with Land.Lease. No Permit is valid in the absence of appropriate Sporting Insurance held by the BUYER and all named or unnamed BUYERS ASSOCIATES.
8.5.4 THE BUYER commits to notify THE VENDOR immediately if their insurance is discontinued or suspended for whatever reason. THE BUYER will indemnify THE VENDOR against all claims, proceedings, costs and expenses arising from the exercise of the Sporting Rights. The BUYER hereby forfeits any and all right and entitlements to pursue actions pertaining to civil damages as a result of being on The Property.
8.5.5 THE BUYER retains the right to exercise the Sporting Rights of The Property in any way that can be deemed reasonable use, including, the admittance of THE BUYERS ASSOCIATE(S). This can occur as a commercial agreement or when THE BUYER is themselves the representative of a syndicate or ‘hunt club’
8.5.6 THE BUYER is obligated to supply the identities of these THE BUYERS ASSOCIATE(S) to THE VENDOR prior to the exercising of Sporting Rights on The Property by THE BUYERS ASSOCIATE(S).
8.5.7 THE BUYER shall take it upon themselves to ensure that THE BUYERS ASSOCIATE(S) hold insurance appropriate for the engagement in Sporting Activities. Failure to furnish evidence on any and all BUYERS ASSOCIATE(S) insurance details in a timely manner deemed reasonable shall be interpreted as breach of contract and an annulment of The Permit outlined in The Listing.
8.5.8 THE BUYER undertakes to provide THE VENDOR with details of all vehicles used in conjunction with the exercise of Sporting Rights under The Permit including particulars of insurance on request of THE VENDOR.
8.5.9 THE BUYER agrees and consents to Land.Lease sharing of personal information as needed with THE VENDOR and the pertinent Licencing authority in their area and/or the area of the Property where the Sporting Rights are leased. This personal information includes but is not limited to name, address, post code, phone number, email, details of insurance, details of hunting qualification as supplied to Land.Lease. THE BUYER understands that it is necessary to supply such information to THE VENDOR at the time of purchase and that, unless THE BUYER opts out, that Land.Lease have the permission of THE BUYER to share such information with the pertinent licencing authority in order to expedite the issuance of a licence for protected species.
8.6 THE BUYERS ASSOCIATE(S) TERMS
8.6.1 The Sporting Rights permitted by The Permit are exclusive to THE BUYER. THE VENDOR has granted The Permit to THE BUYER alone.
8.6.2 Anyone else who exercises the Sporting Rights on The Property as outlined in The Permit are to be known and referred to as THE BUYERS ASSOCIATE(S). In other documentation THE BUYERS ASSOCIATE(S) may be referred to as ‘nominated stalker’ or some such associative title. As the Sporting Rights are the personal private property of THE BUYER for The Duration, THE BUYER reserves the right to share the Sporting Rights with anyone they see fit, with due regard and respect paid to THE VENDOR and his Property.
8.6.3 THE BUYERS ASSOCIATE(S) are answerable to THE BUYER both of whom can end any association at any time. THE BUYERS ASSOCIATE(S) are constrained by THE BUYERS ASSOCIATE(S) TERMS and also to THE BUYERS TERMS.
8.6.4 THE BUYERS ASSOCIATE(S) may exercise the Sporting Rights outlined in The Permit only so long as they have the express permission of THE BUYER. Otherwise the relationship between THE BUYER and THE BUYERS ASSOCIATE(S) are of no concern to Land.Lease. In the event of a dispute, no arbitration will take place and no intervention will be made by Land.Lease. Nor, in such an event, will any unsavoury accusation made by THE BUYERS ASSOCIATE(S) against THE BUYERS influence in any way THE BUYERS future dealings with Land.Lease.
8.6.5 THE VENDOR has no special obligation to THE BUYERS ASSOCIATE(S) beyond the obligations that THE VENDOR has to THE BUYER as outlined in THE VENDORS TERMS. Land.Lease has no obligation whatsoever to THE BUYERS ASSOCIATE(S).
8.7 THE BUYER agrees with THE VENDOR as follows:
- To pay the agreed upon purchase price for The Permit.
- To determine the boundaries of the licensed area in consultation with THE VENDOR or their nominated land managers.
- Not to attempt to deal with or dispose of the rights granted hereunto which are purely personal to THE BUYER otherwise than is hereinafter provided.
- THE BUYER forfeits any right to sell the lease.
- To use The Property solely for the Sporting Activities as specified in The Permit.
- Not to cause nuisance to, annoyance or damage to THE VENDOR'S property, stock, fences, gates or any other property or interfere in any way with THE VENDOR'S undertaking on or use of The Property or disturb, damage or interfere with or move any of the flora, fauna, wildlife, game (other than Quarry Species) or other natural phenomena on The Property. To keep The Property clean, tidy and in good order and to pay for any damage thereto or expense of clearing the same caused by any damage.
- Not to cut any tree or to light any fires on The Property save with the express permission of THE VENDOR. To make good or pay the costs of making good any damage to THE VENDOR’S property (including damage to roads, drains, fences, gates or stiles arising out of the exercise of the Sporting Rights).
- Not to introduce or release any animal onto The Property, for sporting or other purposes without the consent of THE VENDOR. Not to erect any structure or installation, including "hides", "high seats'', “feed lots” or other shooting platforms without the express written permission of THE VENDOR.
- To remove, at its own expense, from The Property any structure or installation which may have been placed thereon by it and restore the ground to its original condition to THE VENDOR'S satisfaction on termination of The Permit or at the request of THE VENDOR.
- To exercise the rights of recreational hunting, shooting or fishing in a proper, safe, humane, and responsible manner, in accordance with the conditions of The Permit as well all current Legislation, Directives, Guidelines of commonly accepted current best practices.
- To comply in all respects with any Quarry Species management plan that THE VENDOR may have in place for The Property and to consider, if requested by THE VENDOR, to assist in the development of such a plan.
- To report in a timely manner to THE VENDOR, any accidents or incidents that may arise while exercising the Sporting Rights related to The Permit.
- In the case of deer, to comply in all respects with the annual deer cull programme furnished by THE VENDOR to THE BUYER to the intent that THE BUYER shall:
- Use only a licensed firearm of a calibre approved for culling deer of minimum calibre of 0.240.
- The carrying and using of pistols/handguns is expressly prohibited on The Property save with the express written permission of THE VENDOR.
- Cull only the number and sex of deer stipulated in the annual cull programme.
- Maintain accurate records of all deer shot on The Property and to furnish to THE VENDOR a copy of the said records in a timely manner.
- To assist with any ongoing scientific research of THE VENDOR by furnishing detailed information relating to the animals culled and field observations of the animals in the wild.
- Notify THE VENDOR and other relevant authorities of any abnormal conditions or suspected diseases observed in the culled animals within a reasonable timeframe.
- To erect prohibition notices in a format prescribed by THE VENDOR in prominent positions at all entrances to The Property prior to commencement of hunting and to remove it on cessation of hunting as needed or stipulated by THE VENDOR.
- To comply with THE VENDORS security policy in respect to: Not to duplicate any keys issued by THE VENDOR and to return such keys on the termination/expiration of The Permit or when requested by THE VENDOR.
- To close any gates and barriers on entry to and exit from The Property.
- To report all instances of damage to locks, gates or barriers or entrances.
- To report any actual or suspected unauthorised use of The Property.
- To report all instances of litter, dumping, trespass, vandalism, unauthorised firearms use (poaching), or other such breaches of security.
- THE BUYER agrees not to exercise the Sporting Rights within 100 yards of any " Rights of Way" or public footpaths or in the vicinity of any residence or buildings and not to shoot at night (night being the period commencing one hour after sunset and ending one hour before sunrise).
- Not to shoot from a vehicle.
- Not to drive any of the Quarry Species save with THE VENDORS express consent.
- Exercise Sporting Rights responsibility only during permitted hours.
9.0 Terms of the Permit "Permit Terms"
To review the Permit Terms please visit: https://land.lease/permits/
10.0 Lease Cancellations and Refunds, Resolution Center
10.1 VENDORs and BUYERs are responsible for any modifications to a lease purchased via the Land.Lease Platform, and agree to pay any additional Fees and/or Taxes associated with such Lease Modifications.
10.2 BUYERS can cancel a confirmed lease at any time pursuant to the Listing’s cancellation policy set by the VENDOR, and Land.Lease Payments will refund the amount of the Total Fees due to the BUYER in accordance with such cancellation policy. Unless extenuating circumstances exist, any portion of the Total Fees due to the VENDOR under the applicable cancellation policy will be remitted to the VENDOR by Land.Lease Payments.
10.3 If a VENDOR cancels a confirmed lease, the BUYER will receive a full refund of the Total Fees for such lease. In some instances, Land.Lease may allow the BUYER to apply the refund to a new lease, in which case Land.Lease Payments will credit the amount against the BUYER’s subsequent lease at the BUYER’s direction. Further, Land.Lease may publish an automated review on the Listing cancelled by the VENDOR indicating that a lease was cancelled. In addition, Land.Lease may (i) keep the calendar for the Listing unavailable or blocked for the dates of the cancelled lease, and/or (ii) impose a cancellation fee, unless the VENDOR has a valid reason for cancelling the lease or has legitimate concerns about the BUYERS behavior.
10.4 VENDORS may cancel the VENDOR Service if other conditions exist that would prevent the VENDOR from offering the VENDOR Service safely.
10.5 In certain circumstances, Land.Lease may cancel a pending or confirmed lease on behalf of a VENDOR or BUYER and initiate corresponding refunds and payouts. This may be for the reasons set out in Section 15.0 of these Terms or other reasons deemed reasonable by Land.Lease. Where Land.Lease cancels a lease, Land.Lease will, notify Members and provide the reasons for such a measure, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Members or third parties, or (iii) contravene applicable laws. You may appeal a cancellation by contacting us.
10.6 If a BUYER who leases a Property suffers a Travel Issue, Land.Lease may determine, in its sole discretion, to refund the BUYER part or all of the Total Fees
10.7 If a BUYER or Land.Lease cancels a confirmed lease, and the BUYER may receive a refund or the applicable cancellation policy set by the VENDOR and mentioned in the Listing, after the VENDOR has already been paid, Land.Lease Payments will be entitled to recover the amount of any such refund from the VENDOR, including by subtracting such refund amount out from any future Payouts due to the VENDOR.
10.8 Except as otherwise set out in these Terms, Members may use the Resolution Center to send or request money for refunds, additional VENDOR Services, Co-VENDOR Services or Damage Claims related to leases. You agree to pay all amounts sent through the Resolution Center in connection with your Land.Lease Account, and Land.Lease Payments will handle all such payments.
10.9 THE BUYER hereby acknowledges that The Permit is granted subject to termination by THE VENDOR at any time at THE VENDOR's sole and absolute discretion, by not less than one months notice in writing to expire on the date specified in the notice. In this event, THE BUYER shall be entitled to reimbursement of a proportion of the purchase price paid for The Permit based on the licence period remaining but shall not otherwise be entitled to any compensation from THE VENDOR.
11.0 Ratings and Reviews
11.1 Within a certain timeframe after the culmination of a lease, BUYERS and VENDORS can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of Land.Lease. Ratings and Reviews are not verified by Land.Lease for accuracy and may be incorrect or misleading.
11.2 Ratings and Reviews by BUYERS and VENDORS must be accurate and may not contain any offensive or defamatory language. Ratings and Reviews are subject to Section 5.0.
11.3 Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member.
11.4 Ratings and Reviews are part of a Member’s public profile and may also be surfaced elsewhere on the Land.Lease Platform (such as the Listing page) together with other relevant information such as number of bookings, number of cancellations, average response time and other information.
12.0 Damage to PROPERTIES, Disputes between Members
12.1 As a BUYER, you are responsible for leaving the PROPERTY in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any BUYERS ASSOCIATES, any individuals whom you invite to, or otherwise provide access to, the PROPERTY, excluding the VENDOR (and the individuals the VENDOR invites to the PROPERTY, if applicable).
12.2 If a VENDOR claims and provides evidence that you as a BUYER have culpably damaged a PROPERTY or any personal or other property at an PROPERTY ("Damage Claim"), the VENDOR can seek payment from you. If a VENDOR escalates a Damage Claim to Land.Lease, you will be given an opportunity to respond. If you agree to pay the VENDOR, or Land.Lease determines under consideration of any applicable statutory rules on the burden of proof that you are responsible for the Damage Claim, Land.Lease via Land.Lease Payments will, after the end of your Lease, collect any such sums from you and/or against the Security Deposit (if applicable) required to cover the Damage Claim. Land.Lease also reserves the right to otherwise collect payment from you and pursue any remedies available to Land.Lease in this regard in situations in which you are responsible for a Damage Claim, including, but not limited to, in relation to any payment requests made by VENDORS. You may appeal a decision taken by Land.Lease on the basis of this Section 11.2. Any decisions made by Land.Lease in relation to a Damage Claim do not affect your contractual or statutory rights. Your right to take legal action before a court of law remains unaffected.
12.3 Members agree to cooperate with and assist Land.Lease in good faith, and to provide Land.Lease with such information and take such actions as may be reasonably requested by Land.Lease, in connection with any Damage Claims or other complaints or claims made by Members relating to (i) PROPERTIES or any personal or other property located at an PROPERTY (including, without limitation, payment requests made by Land.Lease), (ii) Experiences, (iii) Co-VENDOR agreements, or (iv) a Group Payment Booking. A Member shall, upon Land.Lease's reasonable request and at no cost to the Member, participate in mediation or a similar resolution process with another Member, which process will be conducted by Land.Lease or a third party selected by Land.Lease or its insurer, with respect to losses for which a Member is requesting payment from Land.Lease. Members are entitled to terminate their participation in the mediation or similar resolution process at any time. A Member’s right to take legal action before a court of law remains unaffected.
12.4 If there is a dispute between THE VENDOR and THE BUYER with respect to The Permit and if the dispute can not be resolved by negotiation, then the dispute shall be referred to a civil arbitrator. The fees and costs of the appointed Arbitrator shall be borne by THE VENDOR and/or THE BUYER as the Arbitrator shall direct. Land.Lease assumes no responsibility for the resolution of disputes between THE VENDOR and THE BUYER nor will Land.Lease bear the burden of any costs associated with the arbitration of such disputes.
13.1 As a VENDOR you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable VAT or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes ("Taxes").
13.2 Tax regulations may require Land.Lease to collect appropriate Tax information from VENDORS, or to withhold Taxes from payouts to VENDORS, or both. If a VENDOR fails to provide us with the required documentation under applicable law (e.g. a tax number) to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to withhold payouts up to the tax-relevant amount as required by law until resolution.
13.3 You understand that any appropriate governmental agency, department and/or authority ("Tax Authority") where your PROPERTY is located may require Taxes to be collected from BUYER or VENDORs on Listing Fees, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Listing Fees set by VENDORs, a set amount per day, week, month, year or open season or other variations which are to be referred to by ("Occupancy Taxes").
13.4 In certain jurisdictions, Land.Lease may decide in its sole discretion to facilitate collection and remittance of Occupancy Taxes from or on behalf of BUYERS or VENDORS, in accordance with these Terms ("Collection and Remittance") if such jurisdiction asserts Land.Lease or VENDORS have an Occupancy Tax collection and remittance obligation. In any jurisdiction in which we decide to facilitate direct Collection and Remittance, you hereby instruct and authorize Land.Lease (via Land.Lease Payments) to collect Occupancy Taxes from BUYER on the VENDOR's behalf at the time Listing Fees are collected, and to remit such Occupancy Taxes to the Tax Authority. In other jurisdictions Land.Lease may decide in its sole discretion to collect Occupancy Taxes and remit such Taxes to eligible and qualifying VENDORS, based on tax information supplied by the VENDOR, for ultimate reporting and remittance by such VENDOR to the Tax Authority (“Pass-Through Tax Feature”). Such VENDORS using the Pass-Through Tax Feature will be solely responsible for informing Land.Lease about the correct Occupancy Tax amount to be collected from the BUYER in accordance with applicable law and directly remitting the Occupancy Taxes to the relevant Tax Authority. Land.Lease does not assume any liability for the failure of a participating VENDOR to comply with any applicable tax reporting or remittance obligations.The amount of Occupancy Taxes, if any, collected and remitted by Land.Lease will be visible to and separately stated to both BUYER and VENDORs on their respective transaction documents. Where Land.Lease is facilitating Collection and Remittance, VENDORS are not permitted to collect any Occupancy Taxes being collected by Land.Lease relating to their PROPERTIES in that jurisdiction.
13.5 BUYERS and VENDORS agree that we may seek additional amounts from you in the event that the Taxes collected and/or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Occupancy Taxes collected is a refund of Occupancy Taxes collected by Land.Lease from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.
13.6 Land.Lease reserves the right, with prior notice to VENDORS, to cease the Collection and Remittance in any jurisdiction for any reason at which point VENDORS and BUYER are once again solely responsible and liable for the collection and/or remittance of any and all Occupancy Taxes that may apply to PROPERTIES in that jurisdiction.
14. Prohibited Activities
14.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Land.Lease Platform. In connection with your use of the Land.Lease Platform, you will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights or our Terms.
- use the Land.Lease Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Land.Lease endorsement, partnership or otherwise misleads others as to your affiliation with Land.Lease;
- copy, store or otherwise access or use any information, including personally identifiable information about any other Member, contained on the Land.Lease Platform in any way that is inconsistent with these Terms or that otherwise violates the privacy rights of Members or third parties;
- use the Land.Lease Platform in connection with the distribution of unsolicited commercial messages ("spam");
- offer, as a VENDOR, any Property that you do not yourself own or for which you have undisputed sporting rights and permission to lease or otherwise manage, to make available as a Sporting or other property through the Land.Lease Platform;
- unless Land.Lease explicitly permits otherwise, book any Listing if you will not actually be using the VENDOR Services yourself;
- contact another Member for any purpose other than asking a question related to your own lease or leases, Listing, or the Member's use of the Land.Lease Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;
- use the Land.Lease Platform to request, make or accept a booking independent of the Land.Lease Platform, to circumvent any Service Fees or for any other reason;
- request, accept or make any payment for Listing Fees outside of the Land.Lease Platform or Land.Lease Payments. If you do so, you: (i) accept all risks and responsibility for such payment, and (ii) hold Land.Lease harmless from any liability for such payment;
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
- misuse or abuse any Listings or services associated with the Land.Lease
- use, display, mirror or frame the Land.Lease Platform or Collective Content, or any individual element within the Land.Lease Platform, Land.Lease's name, any Land.Lease trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Land.Lease Platform, without Land.Lease's express written consent;
- dilute, tarnish or otherwise harm the Land.Lease brand in any way, including through unauthorized use of Collective Content, registering and/or using Land.Lease or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Land.Lease domains, trademarks, taglines, promotional campaigns or Collective Content;
- use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Land.Lease Platform for any purpose;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Land.Lease or any of Land.Lease's providers or any other third party to protect the Land.Lease Platform;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Land.Lease Platform;
- take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Land.Lease Platform;
- export, re-export, import, or transfer the Application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or
- violate or infringe anyone else’s rights or otherwise cause harm to anyone.
14.2 You acknowledge that Land.Lease has no general obligation to monitor Member Content nor to actively seek facts or circumstances indicating illegal activity, but has the right to review, disable access to, or edit any Member Content, in order to (i) operate, secure and improve the security of the Land.Lease Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist Land.Lease in good faith, and to provide Land.Lease with such information and take such actions as may be reasonably requested by Land.Lease with respect to any investigation undertaken by Land.Lease or a representative of Land.Lease regarding the use or abuse of the Land.Lease Platform.
14.3 If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Land.Lease by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
15.0 Term and Termination, Suspension and other Measures
15.1 This Agreement shall be effective until such time when you or Land.Lease terminate the Agreement in accordance with this provision.
15.2 You may terminate this Agreement at any time by sending us an email. If you cancel your Land.Lease Account as a VENDOR, any sold leases will be automatically cancelled and your BUYERS will receive a full refund. If you cancel your Land.Lease Account as a BUYER, any purchased leases will be automatically cancelled without consideration.
15.3 Without limiting our rights specified below, Land.Lease may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.
15.4 Land.Lease may immediately, without notice, terminate this Agreement and/or stop providing access to the Land.Lease Platform if (i) you have materially breached your obligations under these Terms, (ii) you have violated applicable laws, regulations or third party rights, or (iii) such action is necessary to protect the personal safety or property of Land.Lease, its Members, or third parties (for example in the case of fraudulent behavior of a Member).
15.5 In addition, Land.Lease may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms or applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Land.Lease Account registration, Listing process or thereafter, (iv) you and/or your Listings or VENDOR Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or Land.Lease otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed leases or failed to respond to customer inquiries without a valid reason, or (vii) such action is necessary to protect the personal safety or property of Land.Lease, its Members, or third parties, or to prevent fraud or other illegal activity:
- refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member Content;
- cancel any pending or confirmed leases;
- limit your access to or use of the Land.Lease Platform;
- temporarily or permanently revoke any special status associated with your Land.Lease Account;
- temporarily or in case of severe or repeated offenses permanently suspend your Land.Lease Account and stop providing access to the Land.Lease Platform.
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Land.Lease and an opportunity to resolve the issue to Land.Lease's reasonable satisfaction.
15.6 If we take any of the measures described above (i) we may refund your BUYERS in full for any and all leases that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed leases that were cancelled.
15.7 When this Agreement has been terminated, you are not entitled to a restoration of your Land.Lease Account or any of your Member Content. If your access to or use of the Land.Lease Platform has been limited or your Land.Lease Account has been suspended or this Agreement has been terminated by us, you may not register a new Land.Lease Account or access and use the Land.Lease Platform through an Land.Lease Account of another Member.
15.8 If Land.Lease takes any of the measures described in this Section 15 you may appeal such a decision by contacting us.
To review Disclaimers please visit: https://land.lease/disclaimer/
Land.Lease is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. Land.Lease is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents; such liability is limited to the typically occurring foreseeable damages. Essential contractual obligations are such duties of Land.Lease in whose proper fulfilment you regularly trust and must trust for the proper execution of the contract. Any additional liability of Land.Lease is excluded.
18.1 To the maximum extent permitted by applicable law, you agree to release, defend (at Land.Lease’s option), indemnify, and hold Land.Lease and its affiliates and subsidiaries, including but not limited to, Land.Lease Payments, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the Land.Lease Platform or any Land.Lease Services, (iii) your interaction with any Member, execution of a Lease agreement, participation in the Group Payment Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, access, participation or use, or (iv) your breach of any laws, regulations or third party rights. The indemnification obligation according to this Section 18 only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been adequately caused by your culpable breach of a contractual obligation.
Indemnity to THE VENDOR
THE BUYER and any persons having resort to THE LAND by virtue of or in exercise or purported exercise of the privileges and rights conferred by THE PERMIT shall do so at their own risk in all respects and THE VENDOR makes no representation or warranty as to the suitability of THE LAND for the use specified in THE LISTING hereto or for any use by THE BUYER or THE BUYER ASSOCIATE(S) howsoever arising.
THE BUYER and any persons having resort to THE LAND by virtue of or in exercise or purported exercise of the privileges and rights conferred by this Agreement shall indemnify and save harmless THE VENDOR and Land.Lease from and against all actions arising out of injury to any person or loss or damage to any property whatsoever resulting from or in any way connected with or arising out of the exercising of SPORTING RIGHTS and shall further indemnify THE VENDOR, its employees and agents from liability in respect of any personal Injury or damage to any property sustained by THE VENDOR or by its officers, employees or agents, members of the public or other licensees through or arising out of any act or omission of THE BUYER or persons having resort to THE LAND by virtue of or in exercise or purported exercise of the privileges and rights conferred by these presents including indemnification for THE VENDOR from and against liability to its workmen under the Occupational Injuries Code if and whenever a claim under these acts shall arise from an act or omission by THE BUYER or persons having resort to THE LAND by virtue of in exercise or purported exercise of the privileges and rights conferred by these presents.
In the event of determination of these presents by effluxion of time or otherwise the responsibility of THE BUYER shall continue to operate so that THE VENDOR shall be fully indemnified and saved harmless in the matters provided notwithstanding that claims shall arise subsequent to the date of determination of these presents.
THE BUYER assumes all risk for the exercising of their SPORTING RIGHTS and enters upon THE LAND entirely at their own risk. THE VENDOR assumes no responsibility for the safety of THE BUYER or THE BUYERS ASSOCIATE(S) before, during or after their entrance upon THE LAND. Any and all accidents, including death, including the accidental discharge of a firearm are taken on completely by THE BUYER or THE BUYERS ASSOCIATE(S).
THE BUYER or THE BUYERS ASSOCIATE(S) undertake to inform THE VENDOR in a timely manner of any damage to THE LAND or potential hazards.
THE BUYER agrees that in exercising his SPORTING RIGHTS under THE PERMIT he will have due regard and take all necessary reasonable care for the safety and welfare of the other users of THE LAND.
THE BUYER undertakes to have the utmost consideration for workers, other land users and neighbouring landowners, and to avoid causing any undue disturbance or nuisance.
THE BUYER shall at all times; exercise the SPORTING RIGHTS safely and strictly in accordance with THE BUYERS TERMS and respect THE LAND and all growing crops, livestock and equipment therein. Abide by the code of Good Sporting Practice. Comply with all Wildlife and Fisheries Protection Legislation and any statutory modification of these acts pertinent to the County, State and/or Country in which THE LAND is situated.
THE BUYER shall do nothing in derogation of the terms and conditions of any grant aided schemes entered into by THE VENDOR at any time.
THE BUYER will at all times endeavor to leave THE LAND as he found it, save for the harvesting of QUARRY SPECIES. THE BUYER agrees to keep a written record of all QUARRY SPECIES harvested.
Vehicle access to THE LAND is at the discretion of THE VENDOR for access to THE LAND the extraction of carcasses only. Only road vehicles insured and deemed roadworthy bu state authorities shall be permitted. The use of "all terrain vehicles" (ATV's) including "Quad bikes" is strictly prohibited save with the express consent of THE VENDOR.
19.0 Dispute Resolution and Arbitration Agreement
19.1 This Dispute Resolution and Arbitration Agreement shall apply if you bring any claim against Land.Lease in the United States (to the extent not in conflict with Section 21).
19.2 Overview of Dispute Resolution Process. Land.Lease is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom Section 19.1 applies: (1) an informal negotiation directly with Land.Lease’s customer service team, and (2) a binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Consumer Arbitration Rules (as modified by this Section 19 and except as provided in Section 19.6). Specifically, the Consumer Arbitration Rules provide:
- Claims can be filed with AAA online (www.adr.org);
- Arbitrators must be neutral and no party may unilaterally select an arbitrator;
- Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any party;
- Parties retain the right to seek relief in small claims court for certain claims, at their option;
- The initial filing fee for the consumer is capped at $200;
- The consumer gets to elect the hearing location and can elect to participate live, by phone, video conference, or, for claims under $25,000, by the submission of documents;
- The arbitrator can grant any remedy that the parties could have received in court to resolve the party’s individual claim.
19.3 Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and Land.Lease each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact Land.Lease’s customer service team by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.
19.4 Agreement to Arbitrate. You and Land.Lease mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or to the use of the Land.Lease Platform, the VENDOR Services, the Group Payment Service, or the Collective Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Land.Lease agree that the arbitrator will decide that issue.
19.5 Exceptions to Arbitration Agreement. You and Land.Lease each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
19.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1–800–778–7879.
19.7 Modification to AAA Rules - Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Land.Lease agrees that any required arbitration hearing may be conducted, at your option, (a) in the county where you reside; (b) in San Francisco County; (c) in any other location to which you and Land.Lease both agree; (d) via phone or video conference; or (e) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.
19.8 Modification of AAA Rules - Attorney’s Fees and Costs. You and Land.Lease agree that Land.Lease will be responsible for payment of the balance of any initial filing fee under the AAA Rules in excess of $200 for claims of $75,000 or less. You may be entitled to seek an award of attorney fees and expenses if you prevail in arbitration, to the extent provided under applicable law and the AAA rules. Unless the arbitrator determines that your claim was frivolous or filed for the purpose of harassment, Land.Lease agrees it will not seek, and hereby waives all rights it may have under applicable law or the AAA Rules, to recover attorneys’ fees and expenses if it prevails in arbitration.
19.9 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
19.10 Jury Trial Waiver. You and Land.Lease acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
19.11 No Class Actions or Representative Proceedings. You and Land.Lease acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless you and Land.Lease both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If the “class action lawsuit” waiver or the “class-wide arbitration” waiver in this Section 19.11 is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute and the Dispute must proceed in court. If the “private attorney general action” waiver or the “representative proceeding” waiver in this Section 19.11 is held unenforceable with respect to any Dispute, those waivers may be severed from this Arbitration Agreement and you and Land.Lease agree that any private attorney general claims and representative claims in the Dispute will be severed and stayed, pending the resolution of any arbitrable claims in the Dispute in individual arbitration.
19.12 Severability. Except as provided in Section 19.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
19.13 Changes. Notwithstanding the provisions of Section 3 (“Modification of these Terms”), if Land.Lease changes this Section 19 (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Land.Lease’s email to you notifying you of such change. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Land.Lease (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Land.Lease.
19.14 Survival. Except as provided in Section 19.12, this Section 19 will survive any termination of these Terms and will continue to apply even if you stop using the Land.Lease Platform or terminate your Land.Lease Account.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Land.Lease Platform (“Feedback“). You may Contact Us to submit Feedback, through the “Contact Us” section of the Land.Lease Platform, or by other means of communication. Any Feedback you submit to us may be used by us for any business purpose and will be considered non-confidential and non-proprietary to you.
21.0 Applicable Law and Jurisdiction
These Terms are governed by and construed in accordance with Irish law. If you are acting as a consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of Irish law. As a consumer, you may bring any judicial proceedings relating to these Terms before the competent court of your place of residence or the competent court of Land.Lease's place of business in Ireland. If Land.Lease wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the Irish courts.
22.0 General Provisions
22.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Land.Lease and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Land.Lease and you in relation to the access to and use of the Land.Lease Platform.
22.2 No joint venture, partnership, employment, or agency relationship exists between you and Land.Lease as a result of this Agreement or your use of the Land.Lease Platform.
22.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
22.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
22.5 Land.Lease’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
22.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Land.Lease's prior written consent. Land.Lease may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion. Your right to terminate this Agreement at any time remains unaffected.
22.7 Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically and given by Land.Lease via email, Land.Lease Platform notification, or messaging service (including SMS and WhatsApp). You agree and acknowledge that such notifications via electronic means in lieu of a written statement is a legally valid form of communication.
22.8 If you have any questions about these Terms please do not hesitate to Contact Us.