WTMG website

3.7 Disclaimer

The platform Welcome To My Garden is a citizen initiative. The volunteers behind Welcome To My Garden will not take any responsibility for any loss, damage or injury incurred as a result of using the website and/or while staying in another citizen’s garden.

4. Interactions with other members

4.1 You alone are responsible for your interactions with other users.

Welcome To My Garden is a platform for users to put their garden freely at disposal, to request a garden stay and communicate with one another to achieve this use. Users have the sole responsibility for any interactions with other users of the platform. Welcome To My Garden has no involvement and no responsibilities or liabilities with respect to any communications or disputes between two users. To be very clear: Welcome To My Garden is a platform allowing hosts to put their garden freely at disposal, allowing users to use someone’s garden to camp and a place to communicate between users. Welcome To My Garden will not be and cannot be held responsible for the interactions or consequences of interactions between users. Users release Welcome To My Garden (and its volunteers) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Always keep safety and good judgement in mind when using the platform.

4.2 Identity verification

Users are solely responsible for determining the identity and suitability of other users. As a host, you can always refuse users. As a traveller, you can decide where you want to stay. Welcome To My Garden cannot and do not confirm each user’s identity. The platform does not have any information about the user’s criminal background or morality. Always keep safety and good judgement in mind when using the platform.

5. Limitations to content and use of the platform

To ensure that the Welcome To My Garden platform is working properly and that you can communicate and connect with others, there are some restrictions to the type of content that can be published via the platform. These are as follows:

5.1 Offensive behaviour

We firmly believe in freedom of speech. However, in order to ensure that the platform can be used in a constructive way by all users, we do not allow offensive behaviour that constitutes harassment, intimidation or fear-mongering.

Accounts and related accounts that are used to perform the actions listed below can be temporarily blocked and / or permanently deleted.

Violent threats (direct or indirect): You may not threaten or promote violence. This includes the promotion of terrorism. Harassment: You may not incite to or be involved in deliberately insulting or harassing others. Here are some factors that we can take into account when assessing abusive behaviour: whether the main purpose of the reported account is harassing or sending offensive messages to others; whether the reported behaviour is unidirectional or contains threats; whether the reported account encourages others to intimidate another account; and whether the reported account sends intimidating messages to an account from multiple accounts. Hatred: You may not promote violence against other people or directly attack or threaten them on the basis of race, ethnic background, nationality, sexual orientation, gender, gender identity, philosophical affiliation, religion, age, disability or illness. We also do not allow accounts whose main purpose is to incite others to do harm on the basis of these categories. Misuse of multiple accounts: Creating multiple accounts for overlapping use to avoid temporary or permanent suspension of an individual account is not allowed. Private data: You may not publish or post confidential data and private information of others without their express authorization and consent. These data include but are not limited to: credit card numbers, address details, telephone numbers or data that fall under the personal privacy of a person. Impersonation: You are not allowed to access the platform pretending to be someone else and specifically you may not deceive, confuse or threaten other users in this way. You may not be allowed to enter via the platform if someone else deceives, confuses or threatens in a manner that actually decks or threatens others.

5.2 Indemnity

You shall defend, indemnify and hold harmless WelcomeToMyGarden.org (and each of its funders and/or volunteers) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to (a) your use of our services; (b) any member content or submissions you provide; (c) your violation of these terms; (d) your violation of any rights of another; or (e) your conduct in connection with the services. Further, if you are using the services on behalf of any entity, you represent and warrant that such entity agrees to indemnify you and WelcomeToMyGarden.org for violations of these terms in accordance with this section. If you are obligated to indemnify us, we will have the right, in our sole and unfettered discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.

6. Limitation of Liability

Welcome To My Garden - including volunteers - will not be liable to either users and/or hosts under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages. The platform cannot be held responsible for any failure or delay in performing the terms. The platform cannot be held responsible for any liability in case of personal injury or death resulting from using it.

IN NO EVENT SHALL WELCOMETOMYGARDEN.ORG, A BELGIAN NONPROFIT ORGANISATION, OR ITS FUNDERS AND VOLUNTEERS, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM OR RELATING TO: (A) THE USE OR INABILITY TO USE OUR SERVICES; (B) THE COST OF REPLACEMENT OF ANY GOODS, SERVICES OR INFORMATION PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICES; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT; (D) DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS OR PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF WE KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (E) STATEMENTS, CONDUCT OR OMISSIONS OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON OUR SERVICES; (F) YOUR OR ANYONE ELSE’S CONDUCT OR ACTS IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, DEATH OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED MEMBERS OF OUR SERVICES OR PERSONS INTRODUCED TO YOU BY OUR SERVICES, WHETHER ON-LINE OR OFF-LINE; OR (G) ANY OTHER MATTER ARISING FROM, RELATING TO OR CONNECTED WITH OUR SERVICES OR THESE TERMS.

7. Spam

We strive at all times to protect the Welcome To My Garden platform user from technical abuse and spam. Accounts that are used to perform the actions listed below can be temporarily blocked or permanently deleted.