Terms of Service

 

 

Scope of Homsa Services





1.1 The Homsa Platform is an online marketplace that enables registered users (“Members”) and certain third parties who offer services (Members and third parties who offer services are “Hosts” and the services they offer are “Host Services”) to publish such Host Services on the Homsa Platform (“Listings”) and to communicate and transact directly with Members that are seeking to book such Host Services (Members using Host Services are “Guests”). 

1.2 While we may help facilitate the resolution of disputes, Homsa has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Host Services, (ii) the truth dor accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as doesefined below), or (iii) the performance or conduct of any Member or third party. Homsa  not endorse any Member, Listing or Host 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 Homsa 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 stay in an Accommodation, participate in an Experience or Event or use other Host Services, accept a booking request from a Guest, or communicate and interact with other Members, whether online or in person. Verified Images (as defined below) 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 Homsa of any Host or Listing.

1.3 If you choose to use the Homsa Platform as a Host or Co-Host (as defined below), your relationship with Homsa is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Homsa 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 Homsa. Homsa 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 Host Services. You acknowledge and agree that you have complete discretion whether to list Host Services or otherwise engage in other business or employment activities.

1.4 To promote the Homsa Platform and to increase the exposure of Listings to potential Guests, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. Homsa cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The Homsa Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.

1.5 The Homsa 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. Homsa 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 Homsa of such Third-Party Services.

1.6 Due to the nature of the Internet, Homsa cannot guarantee the continuous and uninterrupted availability and accessibility of the Homsa Platform. Homsa may restrict the availability of the Homsa 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 Homsa Platform. Homsa may improve, enhance and modify the Homsa Platform and introduce new Homsa Services from time to time.

2. Eligibility, Using the Homsa Platform, Member Verification

2.1 You must be at least 18 years old and able to enter into legally binding contracts to access and use the Homsa Platform or register an Homsa Account. By accessing or using the Homsa Platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.

2.3 Homsa may make access to and use of the Homsa Platform, or certain areas or features of the Homsa 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 Homsa Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Homsa 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.

3. Modification of these Terms

3.1 Homsa 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 Homsa Platform and update the “Last Updated” date at the top of these Terms. 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 Homsa Platform will constitute acceptance of the revised Terms.

4. Account Registration

4.1 You must register an account ("Homsa Account") to access and use certain features of the Homsa Platform, such as publishing or booking a Listing. If you are registering an Homsa Account for a company 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 Homsa 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 Homsa Account and your SNS Account at any time, by accessing the "Settings" section of the Homsa Platform.

4.3 You must provide accurate, current and complete information during the registration process and keep your Homsa Account and public Homsa Account profile page information up-to-date at all times.

4.4 You may not register more than one (1) Homsa Account unless Homsa authorizes you to do so. You may not assign or otherwise transfer your Homsa Account to another party.

4.5 You are responsible for maintaining the confidentiality and security of your Homsa Account credentials and may not disclose your credentials to any third party. You must immediately notify Homsa 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 Homsa Account. You are liable for any and all activities conducted through your Homsa 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 Homsa may enable features that allow you to authorize other Members or certain third parties to take certain actions that affect your Homsa Account. For example, we may allow eligible Members or certain third parties to book Listings on behalf of other Members, or we may allow 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 Homsa to ask for your credentials, and you shall not request the credentials of another Member.

5. Content

5.1 Homsa may, at its sole discretion, 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 Homsa Platform ("Member Content"); and (ii) access and view Member Content and any content that Homsa itself makes available on or through the Homsa Platform, including proprietary Homsa content and any content licensed or authorized for use by or through Homsa from a third party ("Homsa Content" and together with Member Content, "Collective Content").

5.2 The Homsa Platform, Homsa Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the Homsa Platform and Homsa Content, including all associated intellectual property rights, are the exclusive property of Homsa 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 Homsa Platform, Homsa Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Homsa used on or in connection with the Homsa Platform and Homsa Content are trademarks or registered trademarks of Homsa 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 Homsa Platform, Homsa 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 Homsa 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 Homsa or its licensors, except for the licenses and rights expressly granted in these Terms.

5.4 Subject to your compliance with these Terms, Homsa grants you a limited, non-exclusive, non-sub licensable, 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 Homsa Platform and accessible to you, solely for your personal and non-commercial use.

5.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the Homsa Platform, you grant to Homsa a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content 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 Homsa Platform, in any media or platform. Unless you provide specific consent, Homsa 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 Homsa may offer Hosts the option of having professional photographers take photographs of their Host Services, which are made available by the photographer to Hosts to include in their Listings with a watermark or tag bearing the words "Homsa.com Verified Photo" or similar wording ("Verified Images"). You are responsible for ensuring that your Host Service is accurately represented in the Verified Images and you will stop using the Verified Images on or through the Homsa Platform if they no longer accurately represent your Listing, if you stop hosting the Host Service featured, or if your Homsa Account is terminated or suspended for any reason. You acknowledge and agree that Homsa shall have the right to use any Verified Images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Where Homsa is not the exclusive owner of Verified Images, by using such Verified Images on or through the Homsa Platform, you grant to Homsa an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such Verified Images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Homsa in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Verified Images outside of the Homsa 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 Homsa 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 Homsa Platform or you have all rights, licenses, consents and releases that are necessary to grant to Homsa 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 Homsa's use of the Member Content (or any portion thereof) 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 or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates Homsa’s Content Policy or any other Homsa policy. Homsa may, without prior notice, remove or disable access to any Member Content that Homsa finds to be in violation of these Terms or Homsa’s then-current Policies or Standards, or otherwise may be harmful or objectionable to Homsa, its Members, third parties, or property.

5.9 Homsa respects copyright law and expects its Members to do the same. If you believe that any content on the Homsa Platform infringes copyrights you own, please notify us in accordance with our Copyright Policy.

6. Service Fees

6.1 Host service fees: We charge hosts a service fee (including taxes, if applicable) every time a booking is completed. The amount of the host service fee is generally 10%. Hosts with a super strict cancellation policy might have a higher host fee. The host service fee is calculated from the booking subtotal (before fees and taxes) and is automatically deducted from the payout to the Host.

6.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to a Host or Guest prior to publishing or booking a Listing. Homsa 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.

6.3 You are responsible for paying any Service Fees that you owe to Homsa. The applicable Service Fees (including any applicable Taxes) are collected by Homsa. Homsa will deduct any Host Fees from the Listing Fee before remitting the payout to the Host. Except as otherwise provided on the Homsa Platform, Service Fees are non-refundable.

6.4 If you are a Host and a booking is requested for your Accommodation via the Site, Application or Services, you will be required to either confirm or reject the booking request within the Booking Request Period, otherwise the booking request will automatically expire. When a booking is requested via the Site, Application or Services, we will share with you (i) the first and last name of the Guest who has requested the booking, (ii) a link to the Guest's Homsa Account profile page, (iii) if the Guest and Host have both connected their Homsa accounts to SNS, the names of any members of an SNS with whom you are "friends" or associated on the SNS if such individuals are also "friends" or associated with the Guest on such SNS, and (iv) an indication of whether or not the Guest has provided other information to Homsa, such as a verified email address, connection to SNSs, or a government ID. If you are unable to confirm or decide to reject a booking request within the Booking Request Period, any amounts collected by Homsa for the requested booking will be refunded to the applicable Guest's credit card and any pre-authorization of such credit card will be released. When you confirm a booking requested by a Guest, Homsa will send you an email, text message or message via the Application confirming such booking, depending on the selections you make via the Site, Application and Services.

6.5 Homsa Payments will collect the Total Fees at the time of booking confirmation (i.e. when the Host confirms the booking request) and will initiate payment of the Accommodation Fees (less Homsa's Host Fees and any Taxes in respect of the Host Fees, such as VAT in Europe) to the Host within 24 hours of when the Guest arrives at the applicable Accommodation (except to the extent that a refund is due to the Guest). The time it takes for the Host to receive payouts may depend upon the payout method chosen by the Host. 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 Host, including by deducting their charges from the payout amount.

6.6 If you owe or agree to pay any amount via Homsa Payments to Homsa (whether as a result of your bookings or actions as a Guest or otherwise), then Homsa Payments may (but is not obliged to) withhold the amount owing to Homsa from any payout amounts due to you as a Host, and use the withheld amount to setoff the amount owed by you to Homsa. If Homsa Payments does so, then your obligation to pay Homsa will be extinguished to the extent of the amount withheld by Homsa Payments, and Homsa will cease to owe to you any obligations (including, but not limited to, any obligation to pay you) with respect to the amount withheld. In addition to the amount due, if your account is delinquent or you otherwise have chargebacks on your account, you may be charged fees that are incidental to our collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees, or other third party charges. You hereby explicitly agree that all communication in relation to delinquent accounts will be made by electronic mail or by phone, as provided to Homsa by you. Such communication may be made by Homsa or by anyone on its behalf, including but not limited to a third party collection agent.

 

7.Cancellations and Refunds

7.1 If, as a Guest, you cancel your requested booking before the requested booking is confirmed by a Host, Homsa Payments 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 Guest, you wish to cancel a confirmed booking made via the Site, Application and Services, either prior to or after arriving at the Accommodation, the cancellation policy of the Host 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 and Application. The Guest Fee is non-refundable regardless of the cancellation policy selected by the Host.

7.2 If a Host cancels a confirmed booking made via the Site, Services, and Application, (i) Homsa Payments will refund the Total Fees for such booking to the applicable Guest within a commercially reasonable time of the cancellation and (ii) the Guest will receive an email or other communication from Homsa containing alternative Listings and other related information. If the Guest requests a booking from one of the alternative Listings and the Host associated with such alternative Listing confirms the Guest's requested booking, then the Guest agrees to pay Homsa the Total Fees relating to the confirmed booking for the Accommodation in the alternative Listing, in accordance with these Terms.

7.3 If, as a Host, you cancel a confirmed booking, you agree that Homsa 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 or charged to the credit card on file in your Homsa Account). You will be notified of the situations in which a cancellation fee applies before you decide to cancel.

7.4 In certain circumstances, Homsa may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking made via the Site, Application and Services. This may be for reasons set forth or for any other reason. Homsa Payments may also determine, in its sole discretion, to refund to the Guest part or all of the amounts charged to the Guest in accordance with the Guest Refund Policy. You agree that Homsa and the relevant Guest or Host will not have any liability for such cancellations or refunds.

7.5 If, as a Host, your Guest cancels a confirmed booking or Homsa decides that it is necessary to cancel a confirmed booking, and Homsa issues a refund to the Guest in accordance with the Guest Refund Policy or other applicable cancellation policies, you agree that in the event you have already been paid Homsa shall be entitled to recover the amount of any such Guest refund from you, including by subtracting such refund amount out from any future Accommodation Fees due to you.