PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
IN PARTICULAR, HOMEOWNER SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE CITIES. CERTAIN TYPES OF SUBLEASE BOOKINGS MAY BE PROHIBITED ALTOGETHER. LOCAL GOVERNMENTS VARY GREATLY IN HOW THEY ENFORCE THESE LAWS. PENALTIES MAY INCLUDE FINES OR OTHER ENFORCEMENT. HOMEOWNERS SHOULD REVIEW LOCAL LAWS BEFORE LISTING A SPACE ON HOMADS.
Last Updated: March 8, 2016
TERMS OF SERVICE
THE SITE AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH HOMEOWNERS (DEFINED BELOW) MAY CREATE LISTINGS (DEFINED BELOW) FOR ACCOMMODATIONS (DEFINED BELOW) AND RENTERS (DEFINED BELOW) MAY LEARN ABOUT AND BOOK ACCOMMODATIONS DIRECTLY WITH THE HOMEOWNERS. YOU UNDERSTAND AND AGREE THAT HOMADS IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOMEOWNERS AND RENTERS, NOR IS HOMADS A REAL ESTATE BROKER, AGENT OR INSURER. HOMADS HAS NO CONTROL OVER THE CONDUCT OF HOMEOWNERS, RENTERS AND OTHER USERS OF THE SITE AND SERVICES OR ANY ACCOMMODATIONS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
“Homads Content” means all Content that Homads makes available through the Site or Services, including any Content licensed from a third party, but excluding Member Content.
“Booking Request Period” means the time period starting from the time when a booking is requested by a Renter (as determined by Homads in its sole discretion), within which a Homeowner may decide whether to confirm or reject that booking request, as stated on the Site or Services. Different Booking Request Periods may apply in different places.
“Collective Content” means Member Content and Homads Content.
“Content” means text, graphics, images, music, software, audio, video, information or other materials.
“Renter” means a Member who requests from a Homeowner a booking of an Accommodation via the Site or Services, or a Member who stays at an Accommodation and is not the Homeowner for such Accommodation.
“Homeowner” means a Member who creates a Listing via the Site and Services.
“Listing” means an Accommodation that is listed by a Homeowner as available for rental via the Site and Services.
“Member” means a person who completes Homads’ account registration process, including but not limited to homeowners and renters, as described under “Account Registration” below.
“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site or Services.
“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), transient occupancy taxes, tourist or other visitor taxes, accommodation or lodging taxes, fees (such as convention center fees) that accommodation providers may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
Certain areas of the Site (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these terms and conditions posted for a specific area of the Site, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services, or Collective Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, OR THROUGH THE SERVICES, OR BY PARTICIPATING IN THE REFERRAL PROGRAM, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR TO PARTICIPATE IN THE REFERRAL PROGRAM. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Homads reserves the right, at its sole discretion, to modify the Site or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
How the Site, Application and Services Work
The Site, Application and Services can be used to facilitate the listing and booking of residential and other properties (“Accommodations”). Such Accommodations are included in Listings on the Site and Services by homeowners. You may view Listings as an unregistered visitor to the Site and Services; however, if you wish to book an Accommodation or create a Listing, you must first register to create a Homads Account (defined below).
As stated above, Homads makes available an online platform or marketplace with related technology for Renters and Homeowners to meet online and arrange for bookings of Accommodations directly with each other. Homads is not an owner or operator of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations, nor is it a provider of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations and Homads does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations or transportation or travel services. Unless explicitly specified otherwise in the Homads platform, Homads’ responsibilities are limited to: (i) facilitating the availability of the Site and Services and (ii) serving as the limited payment collection agent of each Homeowner for the purpose of accepting payments from Renters on behalf of the Homeowner.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE AND SERVICES ARE INTENDED TO BE USED TO FACILITATE HOMEOWNERS AND RENTERS CONNECTING AND BOOKING ACCOMMODATIONS DIRECTLY WITH EACH OTHER. HOMADS CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY ACCOMMODATIONS. HOMADS IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND ACCOMMODATIONS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE RENTER’S OWN RISK.
In order to access certain features of the Site and to book an Accommodation or create a Listing, you must register to create an account (“Homads Account”) and become a Member. You may register to join the Services directly via the Site or as described in this section.
You can also register to join by logging into your account with certain third-party social networking sites (“SNS”) (including, but not limited to, Facebook and Google; each such account, a “Third-Party Account”), via our Site, as described below. As part of the functionality of the Site and Services, you may link your Homads Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Homads through the Site or Services; or (ii) allowing Homads to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Homads and/or grant Homads access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Homads to pay any fees or making Homads subject to any usage limitations imposed by such third-party service providers. By granting Homads access to any Third-Party Accounts, you understand that Homads will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Site Services via your Homads Account and Homads Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Homads Account on the Site and Services. Please note that if a Third-Party Account or associated service becomes unavailable or Homads’ access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site and Services. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Homads makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Homads is not responsible for any SNS Content.
We will create your Homads Account and your Homads Account profile page for your use of the Site and based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Homads Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Homads reserves the right to suspend or terminate your Homads Account and your access to the Site and Services if you create more than one (1) Homads Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Homads Account, whether or not you have authorized such activities or actions. You will immediately notify Homads of any unauthorized use of your Homads Account.
As a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the Accommodation to be listed, including, but not limited to, the location, capacity, size, features, and availability of the Accommodation and pricing and related rules and financial terms. In order to be featured in Listings via the Site and Services, all Accommodations must have valid physical addresses. Listings will be made publicly available via the Site and Services. Other Members will be able to book your Accommodation via the Site and Services based upon the information provided in your Listing. You understand and agree that once a Renter requests a booking of your Accommodation, you may not request the Renter to pay a higher price than in the booking request.
You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or a Renter’s stay at, an Accommodation in a Listing you post (i) will not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, lease or rental agreements, and (ii) will (a) be in compliance with all applicable laws (such as zoning laws and laws governing rentals of residential and other properties), Tax requirements, and rules and regulations that may apply to any Accommodation included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that Homads assumes no responsibility for a Homeowner’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Homads reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Homads, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Site or Services.
If you are a Homeowner, you understand and agree that Homads does not act as an insurer or as your contracting agent. If a Renter requests a booking of your Accommodation and stays at your Accommodation, any agreement you enter into with such Renter is between you and the Renter and Homads is not a party thereto. Notwithstanding the foregoing, WePay serves as the limited authorized payment collection agent of the Homeowner for the purpose of accepting, on behalf of the Homeowner, payments from Renters of such amounts stipulated by the Homeowner (including cleaning or other fees and/or Taxes).
If you are a Homeowner, Homads makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm for booking for your Accommodation. You acknowledge and agree that, as a Homeowner, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation, excluding the Renter (and the individuals the Renter invites to the Accommodation, if applicable.)
Homads recommends that Homeowners obtain appropriate insurance for their Accommodations. Please review any insurance policy that you may have for your Accommodation carefully, and in particular please make sure that you 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 your insurance policy will cover the actions or inactions of Renters (and the individuals the Renters invites to the Accommodation, if applicable) while at your Accommodation.
Homads may offer Homeowners the option of having photographers take photographs of their Accommodations. If you as a Homeowner choose to have a photographer do this, the photographs taken will be made available to you to include in your Listing with a watermark or tag bearing the words “Homads.com Verified Photo” or similar wording (“Verified Images”). All images, materials and content created by these photographers provided by Homads, including Verified Images, constitute Homads Content, regardless of whether you include them in your Listing.
Homads does not endorse any Member or any Accommodation. You understand that Verified Images are intended only to indicate a photographic representation of the Accommodation at the time the photograph was taken. Verified Images are therefore not an endorsement by Homads of any Member or any Accommodation. Members are required by these Terms to provide accurate information, and although Homads may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any Member or the Member’s purported identity or background.
Any references in the Site or Services to a Member being “verified” or “connected” (or similar language) only indicate that the Member has completed a relevant verification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Homads about any Member, including of the Member’s identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to stay with a Homeowner or to accept a booking request from a Renter, or to have any other interaction with any other Member.
By using the Siteor Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Homads with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by a Homeowner against Homads regarding the remittance of payments received from a Renter by Homads on behalf of a Homeowner, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.
Bookings and Financial Terms
“Accommodation Fees” means the amounts that are due and payable by a Renter in exchange for that Renter’s stay in an Accommodation. The Homeowner alone, and not Homads, determines these amounts. The Homeowner may in his or her sole discretion decide to include in these amounts (i) a cleaning fee or any other fee permitted on the Homads platform, or (ii) Taxes that the Homeowner determines that he or she has to collect.
“Renter Fees” means the fee that Homads charges a Renter for the use of its online platform, which is calculated as a percentage of the applicable Accommodation Fees. The Renter Fees will be displayed to the Renter when the Renter is asked whether to send a booking request to a Homeowner.
“Homeowner Fees” means the fee that Homads charges a Homeowner for the use of its online platform, which is calculated as a percentage of the applicable Accommodation Fees. The Homeowner Fees will be displayed to the Homeowner when the Homeowner is asked whether to confirm or reject a booking request from a prospective Renter.
“Service Fees” means collectively the Renter Fees and the Homeowner Fees.
“Total Fees” means collectively the Accommodation Fees and the Renter Fees.
Bookings and Financial Terms for Homeowner
If you are a Homeowner and a booking is requested for your Accommodation via the Site and Services, you will be required to either confirm or reject the booking request within the Booking Request Period, otherwise the booking request will be automatically cancelled. If you are unable to confirm or decide to reject a booking request within the Booking Request Period, any amounts collected by Homads for the requested booking will be refunded to the applicable Renter’s credit card and any pre-authorization of such credit card will be released. When you confirm a booking requested by a Renter, Homads will send you an email or message via the Site confirming such booking, depending on the selections you make via the Site and Services.
WePay will collect the Total Fees at the time of booking confirmation (i.e. when the Homeowner confirms the booking request) and will initiate payment of the Accommodation Fees (less Homads’ Homeowner Fees) to the Homeowner within 48 hours of when the Renter arrives at the applicable Accommodation (except to the extent that a refund is due to the Renter). The time it takes for the Homeowner to receive payouts may depend upon the method for receiving payouts chosen by the Homeowner. Some methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on the Homeowner, including by deducting their charges from the payout amount.
If you owe or agree to pay any amount via WePay to Homads (whether as a result of your bookings or actions as a Renter or otherwise), then WePay may (but is not obliged to) withhold the amount owing to Homads from any payout amounts due to you as a Homeowner, and use the withheld amount to setoff the amount owed by you to Homads. If WePay does so, then your obligation to pay Homads will be extinguished to the extent of the amount withheld by WePay, and Homads will cease to owe to you any obligations (including, but not limited to, any obligation to pay you) with respect to the amount withheld.
Appointment of WePay as Limited Payment Collection Agent for Homeowner
Each Homeowner hereby appoints WePay as the Homeowner’s limited payment collection agent solely for the purpose of accepting the Accommodation Fees from Renters.
Each Homeowner agrees that payment made by a Renter through WePay, shall be considered the same as a payment made directly to the Homeowner, and the Homeowner will make the Accommodation available to the Renter in the agreed-upon manner as if the Homeowner has received the Accommodation Fees. Each Homeowner agrees that Homads may, in accordance with the cancellation policy selected by the Homeowner and reflected in the relevant Listing, (i) permit the Renter to cancel the booking and (ii) refund (via WePay) to the Renter that portion of the Accommodation Fees specified in the applicable cancellation policy. Each Homeowner understands that as WePay accepts payments from Renters as the Homeowner’s limited payment collection agent and that WePay’s obligation to pay the Homeowner is subject to and conditional upon successful receipt of the associated payments from Renter. Homads does not guarantee payments to Homeowners for amounts that have not been successfully received by WePay from Renters. In accepting appointment as the limited authorized agent of the Homeowner, WePay assumes no liability for any acts or omissions of the Homeowner.
Please note that Homads does not currently charge fees for the creation of Listings. However, you as a Homeowner acknowledge and agree that Homads reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that Homads will provide notice of any Listing fee collection via the Site and Services, prior to implementing such a Listing fee feature.
Bookings and Financial Terms for Renters
The Homeowners, not Homads, are solely responsible for honoring any confirmed bookings and making available any Accommodations reserved through the Site and Services. If you, as a Renter, choose to enter into a transaction with a Homeowner for the booking of an Accommodation, you agree and understand that you will be required to enter into an agreement with the Homeowner and you agree to accept any terms, conditions, rules and restrictions associated with such Accommodation imposed by the Homeowner. You acknowledge and agree that you, and not Homads, will be responsible for performing the obligations of any such agreements, that Homads is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Homads disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Homads is not a party to the agreement between you and the Homeowner, WePay acts as the Homeowner’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Homeowner. Upon your payment of the Total Fees to WePay, your payment obligation to the Homeowner for the Accommodation Fees is extinguished, and WePay is responsible for remitting the Accommodation Fees (less the Homeowner Fees), in the manner described in these Terms. In the event that WePay does not remit any such amounts as described in these Terms, such Homeowner will have recourse only against such Homads entity.
The Total Fees payable will be displayed to a Renter before the Renter sends a booking request to a Homeowner. As noted above, the Homeowner is required to either confirm or reject the booking request within the Booking Request Period, otherwise the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed by the applicable Homeowner ), any amounts collected by WePay will be refunded to such Renter, depending on the selections the Renter makes via the Site, and any pre-authorization of such Renter’s credit card will be released, if applicable.
You as a Renter agree to pay Homads for the Total Fees for any booking requested in connection with your Homads Account if such requested bookings are confirmed by the applicable Homeowner. In order to establish a booking pending the applicable Homeowner’s confirmation of your requested booking, you understand and agree that WePay, on behalf of the Homeowner, reserve the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting (e.g. one euro or one British pound), to verify your credit card. Once Homads receives confirmation of your booking from the applicable Homeowner, WePay will collect the Total Fees in accordance with these Terms and the pricing terms set forth in the applicable Listing. Please note that Homads cannot control any fees that may be charged to a Renter by his or her bank related to Homads’ collection of the Total Fees, and Homads disclaims all liability in this regard.
Homeowners may choose to include security deposits in their Listings (“Security Deposits”). Each Listing will describe whether a Security Deposit is required for the applicable Accommodation. If a Security Deposit is included in a Listing for a confirmed booking of an Accommodation, WePay will, in its capacity as the payment collection agent of the Homeowners, use its commercially reasonable efforts to obtain a pre-authorization of the Renter’s credit card in the amount the Homeowners determines for the Security Deposit within a reasonable time prior to the Renter’s move-in at the applicable Homeowners’ Accommodation. Homads will also use its commercially reasonable efforts to address Homeowners’ requests and claims related to Security Deposits, but Homads is not responsible for administering or accepting any claims by Homeowners related to Security Deposits, and disclaims any and all liability in this regard.
In consideration for the use of Homads’ online marketplace and platform, Homads charges the Service Fees. WePay deducts the Homeowner Fees from the Accommodation Fees before remitting the balance to the Homeowner as described in these Terms. Renter Fees are, as noted above, included in the Total Fees.
Balances will be remitted by WePay to Homeowners via check, direct deposit or other payment methods described on the Site, in the Homeowner's’ currency of choice, depending upon the selections the Homeowner makes via the Site and Services. Amounts may be rounded up or down as described the “Rounding Off” section below.
Except as otherwise provided herein, Service Fees are non-refundable.
General Booking and Financial Terms
Cancellations and Refunds
If, as a Renter, you cancel your requested booking before the requested booking is confirmed by a Homeowner, WePay will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time. If, as a Renter, you wish to cancel a confirmed booking made via the Site and Services, either prior to or after arriving at the Accommodation, the cancellation policy of the Homeowner contained in the applicable Listing will apply to such cancellation. Our ability to refund the Accommodation Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site. The Renter Fee is non-refundable regardless of the cancellation policy selected by the Homeowner.
If a Homeowner cancels a confirmed booking made via the Site and Services, (i) WePay will refund the Total Fees for such booking to the applicable Renter within a commercially reasonable time of the cancellation and (ii) the Renter will receive an email or other communication from Homads containing alternative Listings and other related information. If the Renter requests a booking from one of the alternative Listings and the Homeowner associated with such alternative Listing confirms the Renter’s requested booking, then the Renter agrees to pay Homads the Total Fees relating to the confirmed booking for the Accommodation in the alternative Listing, in accordance with these Terms. If a Homeowner cancelled a confirmed booking and you, as a Renter, have not received an email or other communication from Homads, please contact Homads firstname.lastname@example.org
If, as a Homeowner, you cancel a confirmed booking, Homads may apply penalties or consequences to you or your Listing, including (i) publishing an automated review on your Listing indicating that a reservation was cancelled, (ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled booking, or (iii) imposing a cancellation fee (to be withheld from your future payouts). You will be notified of the situations in which a cancellation fee applies before you decide to cancel.
In certain circumstances, Homads may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking made via the Site and Services. Homads may also determine, in its sole discretion, to refund to the Renter part or all of the amounts charged to the Renterin accordance with the Renter Refund Policy. You agree that Homads and the relevant Renter or Homeowner will not have any liability for such cancellations or refunds.
In some instances, Renters may be required to make recurring, incremental payments toward the Total Fees owed for a confirmed booking before beginning his or her stay at the applicable Accommodation (collectively, “Recurring Payments”). More information on Recurring Payments will be made available via the Site and Services, if applicable. If Recurring Payments apply to a confirmed booking, then the Renter authorizes Homads, on behalf of the Homeowner, to collect the Total Fees and the Homeowner agrees that such Homads entity will initiate payouts to the Homeowner, in the increments and at the frequency associated with the applicable Recurring Payments, identified on the Site and Services.
Homads may, in its sole discretion, round up or round down amounts that are payable from or to Renters or Homeowners to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro or other supported currency); for example, Homads will round up an amount of $101.50 to $102.00, and $101.49 to $101.00.
Some currencies are denominated in large numbers. In those cases, Homads may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; the corresponding examples for such currencies would be for Homads to round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 35,450 up to 35,500 and 35,449 down to 35,400, or 837,500 up to 838,000 and 837,499 down to 837,000.
Payment Processing Errors
We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.
Some Homeowners may pledge to donate a portion of the funds they receive from confirmed bookings made via the Site and Services to a particular cause or charity. We do not take any responsibility or liability for whether the Homeowner does in fact make the donation he or she pledged to make. In such cases, the Homeowner in question is responsible for his or her own compliance with all laws and regulations applicable to such pledges and/or fund-raising.
Tax regulations may require us to collect appropriate tax information from our Homeowners, or to withhold taxes from payouts to Homeowners, or both. For instance, IRS regulations stipulate that we must collect an IRS Form W-9 from our US Homeowners. You as a Homeowner are solely responsible for keeping the information in your tax forms current, complete and accurate. If you as a Homeowner fail to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold payments to you (e.g. where you are a US Homeowner and you fail to provide us with a completed IRS Form W-9), we reserve the right in our sole discretion to freeze all payouts to you until resolution, to withhold such amounts as required by law, or to do both.
You as a Homeowner understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. Homads cannot and does not offer Tax-related advice to any Members.
Damage to Accommodations
As a Renter, you are responsible for leaving the Accommodation in the condition it was in when you arrived. You acknowledge and agree that, as a Renter, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation. In the event that a Homeowner claims otherwise and provides evidence of damage, including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim and given forty eight (48) hours to respond, the payment will be charged to and taken from the credit card on file in your Homads Account. Homads also reserves the right to charge the credit card on file in your Homads Account, or otherwise collect payment from you and pursue any avenues available to Homads in this regard, including using Security Deposits, in situations in which you have been determined, in Homads’ sole discretion, to have damaged any Accommodation, including, but not limited to, in relation to any payment requests made by Homeowners under the Homads Homeowner Guarantee, and in relation to any payments made by Homads to Homeowners. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Accommodation to the applicable Homeowner or to Homads (if applicable).
Both Renters and Homeowners agree to cooperate with and assist Homads in good faith, and to provide Homads with such information and take such actions as may be reasonably requested by Homads, in connection with any complaints or claims made by Members relating to Accommodations or any personal or other property located at an Accommodation (including, without limitation, payment requests made under the Homads Homeowner Guarantee) or with respect to any investigation undertaken by Homads or a representative of Homads regarding use or abuse of the Site or the Services. If you are a Renter, upon Homads’ reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Homeowner, at no cost to you, which process will be conducted by Homads or a third party selected by Homads, with respect to losses for which the Homeowner is requesting payment from Homads under the Homads Homeowner Guarantee.
If you are a Renter, you understand and agree that Homads reserves the right, in its sole discretion, to make a claim under your homeowner’s, renter’s or other insurance policy related to any damage or loss that you may have caused or been responsible for or to an Accommodation or any personal or other property located at an Accommodation (including without limitation amounts paid by Homads under the Homads Homeowner Guarantee). You agree to cooperate with and assist Homads in good faith, and to provide Homads with such information as may be reasonably requested by Homads, in order to make a claim under your homeowner’s, renter’s or other insurance policy, including, but not limited to, executing documents and taking such further acts as Homads may reasonably request to assist Homads in accomplishing the foregoing.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:
- violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
- use manual or automated software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Services or Collective Content;
- use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms;
- copy, store or otherwise access any information contained on the Site, Services or Collective Content for purposes not expressly permitted by these Terms;
- infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
- interfere with or damage our Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use our Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- use our Site, Services or Collective Content in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;
- "stalk" or harass any other user of our Site, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Homads Renter or Homeowner;
- offer, as a Homeowner, any Accommodation that you do not yourself own or have permission to rent as a residential or other property (without limiting the foregoing, you will not list Accommodations as a Homeowner if you are serving in the capacity of a rental agent or listing agent for a third party);
- offer, as a Homeowner, any Accommodation that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, a property rental agreement.
- register for more than one Homads Account or register for an Homads Account on behalf of an individual other than yourself;
- unless Homads explicitly permits otherwise, request or book a stay at any Accommodation if you will not actually be staying at the Accommodation yourself;
- contact a Homeowner for any purpose other than asking a question related to a booking, such Homeowner’s Accommodations or Listings;
- contact a Renter for any purpose other than asking a question related to a booking or such Renter’s use of the Site and Services;
- recruit or otherwise solicit any Homeowner or other Member to join third-party services or websites that are competitive to Homads, without Homads’ prior written approval;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- use automated scripts to collect information from or otherwise interact with the Site, Services or Collective Content;
- use the Site, Services or Collective Content to find a Homeowner or Renter and then complete a booking of an Accommodation independent of the Site or Services, in order to circumvent the obligation to pay any Service Fees related to Homads’ provision of the Services or for any other reasons;
- as a Homeowner, submit any Listing with false or misleading price information, or submit any Listing with a price that you do not intend to honor;
- post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
- systematically retrieve data or other content from our Site or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
- use, display, mirror or frame the Site, Services or Collective Content, or any individual element within the Site, Services or Collective Content, Homads’ name, any Homads trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site or Services, without Homads’ express written consent;
- access, tamper with, or use non-public areas of the Site or Services, Homads’ computer systems, or the technical delivery systems of Homads’ providers;
- attempt to probe, scan, or test the vulnerability of any Homads system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Homads or any of Homads’ providers or any other third party (including another user) to protect the Site, Services or Collective Content;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or Collective Content to send altered, deceptive or false source-identifying information;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, or Collective Content; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
Homads has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
Homads may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Homads or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms and the Homads Homeowner Guarantee, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Homads, its users, or members of the public . You acknowledge that Homads has no obligation to monitor your access to or use of the Site, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. Homads reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Homads, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.
The Site, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of Homads and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, or Collective Content.
Homads Referral Program
As a Member, by referring your friends to request a booking or create a Listing that receives a confirmed booking via the Site and Services, you may participate in the “Referral Program”, which is a loyalty program we offer to our Members. If you choose to participate in the Referral Program, for each friend you refer to Homads for which a Qualifying Referral (defined below) is completed, you may be able to receive Homads Credits (defined below) (each a “Referral Reward”). “Homads Credits” are “points” issued by Homads that may be applied as credits toward future confirmed bookings made by Members via the Site and Services.
In order to receive a Referral Reward, each of the following requirements must be met (collectively, a “Qualifying Referral”): (i) you must log in to your Homads Account on the Site and select either the “Invite Friends” or “Email Your Friends” link; (ii) you must share the link provided with friends via Facebook or Twitter, by copying and pasting the unique referral link generated via the Services, by sending the unique referral link generated via the Services in an email via the Services to your friends, or by using the other tools provided by Homads to share the unique referral link with friends; (iii) a friend who clicks the link on Facebook or otherwise or clicks the link contained in the email must create a Homads Account and become a Member; and (iv) after becoming a Member, the friend must either request a booking of an Accommodation which is confirmed by the applicable Homeowner or create a Listing which subsequently receives a confirmed booking via the Services with a Total Value (excluding any cleaning fees) of at least seventy-five U.S. dollars (US$75) that is not subsequently cancelled. Please note that you may not be the Homeowner or the Renter for the booking to receive a Referral Reward.
It is a condition of the Referral Program that you will circulate or share the unique referral link only to your personal friends. You agree not to publish or distribute the link, or cause the link to be published or distributed, on or via methods, platforms and media where you have no reasonable basis for believing that all or most of the readers or recipients are your personal friends. All Homads Account creations and confirmed booking requests resulting from a breach of the above will be disregarded for determining eligibility for Qualifying Referral and are not eligible for Referral Rewards.
Satisfaction of a Qualifying Referral and the Referral Reward you receive will be reflected in your Homads Account in a commercially reasonable amount of time after the Qualifying Referral has been completed. The Referral Rewards you accrue will be displayed in your Homads Account profile page. Referral Rewards can be accrued solely by you and you may not earn Referral Rewards by permitting another individual to use your Homads Account. Referral Rewards accrued in multiple Homads Accounts may not be combined into one Homads Account. You may not earn Referral Rewards by creating multiple Homads Accounts. By acquiring Referral Rewards, you agree and acknowledge that Homads is granting you a limited, revocable license to a digital item, and that Referral Rewards are not your personal property. You may not obtain any cash or money in exchange for Referral Rewards. Except as explicitly provided herein, Referral Rewards are non-transferable. Members are responsible for keeping track of the Referral Rewards in their Homads Accounts.
Homads may suspend or terminate the Referral Program or your participation in the Referral Program at any time for any reason. Homads will not grant any further Referral Rewards after the suspension or termination of the Referral Program or your participation in it, but any Referral Rewards already awarded or received will not be affected by the suspension or termination.
Homads Content and Member Content License
Subject to your compliance with the terms and conditions of these Terms, Homads grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Homads Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Services, or Collective Content, except 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 Homads or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site and Services, you hereby grant to Homads a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, Application and Services. Homads does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site and Services or you have all rights, licenses, consents and releases that are necessary to grant to Homads the rights in 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 Homads’ use of the Member Content (or any portion thereof) on, through or by means of the Site and the Services 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.
The Site and Services may contain links to third-party websites or resources. You acknowledge and agree that Homads is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Homads of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Homads used herein are trademarks or registered trademarks of Homads. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services (“Feedback”). You may submit Feedback by emailing us at email@example.com or through “feedback” section of the Site. You acknowledge and agree that all Feedback will be the sole and exclusive property of Homads and you hereby irrevocably assign to Homads and agree to irrevocably assign to Homads all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Homads’ request and expense, you will execute documents and take such further acts as Homads may reasonably request to assist Homads to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Homads respects copyright law and expects its users to do the same. It is Homads’ policy to terminate in appropriate circumstances the Homads Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Homads’ Copyright Policy for further information.
Suspension, Termination and Homads Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your Homads Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Homads Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, Services, your Homads Account, your Member Content, or receive assistance from Homads Customer Service, (b) any pending or accepted future bookings as either Homeowner or Renter will be immediately terminated, (c) we may communicate to your Renters or Homeowners that a potential or confirmed booking has been cancelled, (d) we may refund your Renters in full for any and all confirmed reservations, irrespective of preexisting cancellation policies, (e) we may contact your Renters to inform them about potential alternate Accommodations with other Homeowners that may be available on the Site and Services, and (f) you will not be entitled to any compensation for reservations or bookings (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your Homads Account. You may cancel your Homads Account at any time via the “Cancel Account” feature of the Services or by sending an email to firstname.lastname@example.org. Please note that if your Homads Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site and Services, including, but not limited to, any reviews or Feedback.
IF YOU CHOOSE TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT AND PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT HOMADS DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, Renters AND Homeowners, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, HOMADS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. HOMADS MAKES NO WARRANTY THAT THE SITE, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY ACCOMMODATIONS, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. HOMADS MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, ACCOMMODATIONS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE,, SERVICES OR REFERRAL PROGRAM.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM HOMADS OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY Homeowners OR RENTERS. YOU UNDERSTAND THAT HOMADS DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES OR TO REVIEW OR VISIT ANY ACCOMMODATIONS. HOMADS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RENTERS AND HOMEOWNERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY HOMADS. NOTWITHSTANDING WePay APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE HOMEOWNERS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM RENTERS ON BEHALF OF THE HOMEOWNERS, HOMADS EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY RENTER OR OTHER THIRD PARTY.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY ACCOMMODATIONS VIA THE SITE AND SERVICES, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF HOMADS WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER HOMADS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA THE SITE AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HOMADS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE HOMEOWNERS PURSUANT TO THESE TERMS OR AN APPROVED PAYMENT REQUEST UNDER THE HOMADS HOMEOWNER GUARANTEE, IN NO EVENT WILL HOMADS’ AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA THE SITE AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES, OR COLLECTIVE CONTENT OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM AND IN CONNECTION WITH ANY ACCOMMODATION OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE AND SERVICES AS A RENTER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A HOMEOWNER, THE AMOUNTS PAID BY HOMADS TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HOMADS AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold Homads and its affiliates and subsidiaries, 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 (a) your access to or use of the Site, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of an Accommodation, or (iii) creation of a Listing; (d) the use, condition or rental of an Accommodation by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Accommodation; and (e) your participation in the Referral Program or your accrual of any Homads Travel Credits.
Export Control and Restricted Countries
By using the Site and Services, you represent and warrant that (i) neither you nor your listed Accommodation is located 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. You also will not use the Site and Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons. Homads does not permit Listings associated with certain countries due to U.S. embargo restrictions.
If you stay with or lease to anyone who you feel 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 Homads by contacting us with your police station and report number at email@example.com; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
These Terms constitute the entire and exclusive understanding and agreement between Homads and you regarding the Site, Services, Collective Content, Referral Program, and any bookings or Listings of Accommodations made via the Site and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Homads and you regarding bookings or listings of Accommodations, the Site, Services, Collective Content and Referral Program.
You may not assign or transfer these Terms, by operation of law or otherwise, without Homads’ prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Homads may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Homads (i) via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law and Jurisdiction
These Terms will be interpreted in accordance with the laws of the State of Texas and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Travis County, Austin, Texas or a United States District Court, for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
You and Homads agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Homads are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Homads otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at http://www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Texas and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and Homads otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Homads submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. 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 having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Homads will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Homads will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Changes. Notwithstanding the provisions of the “Modification” section above, if Homads changes this “Dispute Resolution” section after the date you first 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 to firstname.lastname@example.org) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of Homads’ email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Homads in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
The failure of Homads to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Homads. 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. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
If you have any questions about these Terms, please contact Homads at email@example.com.