Terms of Service
Updated on 04-04-2019
1.1 In these Terms of Service (“Terms”) the following words and expressions shall have the following meanings unless the context otherwise requires:
"Actual Rental Period" The period during which the Guest actually has use of the Property, whether greater or lesser than the Agreed Rental Period;
"Advertisement" Any advertisement, regardless its content or form, advertising a Property for rent on a Website;
"Agreed Rental Period" The period of time during which the Guest will have use of the Property as agreed between the Host of a Property and the Guest;
"Housekeeping Services" Any Housekeeping or additional services which may be provided or arranged by us from time to time, including cleaning, checking out and in of properties and supply of provisions for Guests;
"Application" The Homversity online platform and all its related services;
"Homversity Account" An account with us created by you or on your behalf by a person acting with your knowledge and consent;
"Homversity Content" All content that Homversity makes available through the Website, Application, or Services, including any Content licensed from a third party, but excluding member Content;
"Property" Residential ;
"Content" Text, graphics, images, music, software (excluding the Application), audio, video, information and any other content or materials of the Website;
"Rent"/"Rental Fees" Charges payable by a Guest to a Host for the rent of a property, in the amount displayed in an Advertisement for that property or as otherwise agreed between the host of the Property and the Guest of the Property;
"Guest" Any person who agrees with a Host to rent a Property using the Services;
"Service Charges" Commissions payable to us by a Host and/or by a Guest for a successful booking.;
"Member Content" All Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Services;
"Member" A person who completes our account registration process, including a Host,
Potential Guest, and Guest;
"Host" Any person who owns a Property, or represents the host, which he or she wishes to rent out using the Services;
"Potential Guest" Any person who wishes to rent a Property using the Services;
"Security Deposit" As defined in paragraph 17.1;
"Service Fees" As defined in paragraph 18.1;
"Services" The provision of an online platform enabling Hosts to advertise Properties for rent, Hosts and Potential Guests to make arrangements (including payment arrangements) in relation to the rent of those Properties, and for related purposes including arranging Housekeeping Services;
"Social Network Site" As defined in paragraph 4.4;
"Tax" Taxes and duties of any description in any jurisdiction, in the Union of India including but not limited to income tax, capital gains tax, inheritance tax, corporation tax, goods and service tax, excise duties, and import duties;
"Third Party Account" An account with a Social Network Site;
"TPA Content" As defined in paragraph 4.7;
"we", "us", "our" Dwellerin Network Private Limited, a company incorporated under the provisions of Indian Companies Act, 1956 with its registered office at: [insert Address] and/or its subsidiaries and/or its associated companies and/or its authorized agents appointed in writing by the company.
"Website" www.homversity.com or any other website through which we make the Services available from time to time;
"You" Any person accessing or using the Services, whether as a Host, Potential Guest, Guest or otherwise.
1.2. Section and paragraph headings shall not affect the interpretation of these Terms, they are merely there.
1.3. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person's legal and personal representatives, successors and permitted assigns.
1.4. A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
1.5. Words in the singular shall include the plural and vice versa.
1.6. A reference to one gender shall include a reference to the other genders.
1.7. The Terms and any dispute or claim arising out of or in connection with it shall be governed by the laws of Union of India and the competent court of Ahmedabad has exclusive jurisdiction to settle any such dispute or claim.
1.8. A reference to a statute, statutory provision or subordinated legislation is a reference to it as it is in force from time to time, taking account of any amendment or re-enactment and includes any statute, statutory provision or any other type of legislation which it amends or re-enacts.
1.9. Any obligation under these Terms on a person not to do something includes an obligation not to agree or allow such thing to be done.
1.12. A reference to a document is a reference to that document as varied or replaced (in each case, other than in breach of these Terms) at any time.
1.13. Any phrase introduced by the terms "including", "include", "in particular" or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
2. Applicability of these Terms
2.1. Certain areas of the Services (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 terms and conditions posted for a specific area and/or part of the Services, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Services.
2.2. You acknowledge and agree that, by accessing or using the Services or by downloading or posting any content from or on the Services 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 us. If you do not agree to these Terms, then you have no right to access or use the Services.
2.3. If you accept or agree to these Terms on behalf of a company or any 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.
2.4. If one or more of the provisions of these Terms are invalid or set aside, the remaining provisions of the Terms shall remain applicable in full.
3 About the Services & About Us
3.1. The Services enable Hosts to advertise Properties they wish to rent out and Potential Guests to make arrangements with Hosts to Rent those Properties. The Services also enable Hosts and Guests to make arrangements in relation to Housekeeping Services. We do not own or rent out any Properties ourselves nor do we provide Housekeeping Services ourselves.
3.2. You agree that you will only make a claim in relation to the acts or omissions of a Member or third party (including a provider of Housekeeping Services), including in relation to any breach of contract, against that Member or third party and not against us. You will communicate directly with other Members via the Services regarding any Advertisements or bookings of Properties made by you. This paragraph does not affect the right of a Host to make a claim against us in relation to any payment due busy to that Host following receipt by us on behalf of that Host of a payment from a Guest.
3.3. In order to create an Advertisement or to obtain a property on rent, you must first register and create an account on www.homversity.com (see paragraph 4 below).
3.4. We have no control over the Content of any Advertisement nor do we check or warrant whether a Property is as described in an Advertisement nor whether a Property described in an Advertisement is in any particular condition.
3.5. We are not a party to any arrangements or agreements entered into between Hosts and Potential Guests, Hosts and Guests, or Host or Guests and providers of Housekeeping Services nor are we in any way liable for any claim and/or damages under any such arrangements or agreements.
3.6. We do not endorse, certify, recommend, warrant, or guarantee any Members, Properties, or providers of Housekeeping Services. We obtain evidence of identity and address for all Members but we do not guarantee the identity or address or existence or sufficiency of qualifications of any Member nor the accuracy of any other information supplied by any Member or provider of Housekeeping Services. You are solely responsible for determining the identity and suitability of others who you contact via the Services. Except as expressly provided in these Terms, we will not be responsible and/or liable for any damage or harm resulting from or arising in connection with your use of the Services or any contact or dealings you may have with other Members or providers of Housekeeping Services.
3.7. We have no authority to act for, or enter into contracts or other binding obligations on behalf of Hosts, Potential Guests, Guests or providers of Housekeeping Services. We have no control over, and shall have no responsibility for, nor shall we be in any way be liable for the acts or omissions of any Hosts, Potential Guests, Guests or providers of Housekeeping Services.
4 Account Registration
4.1. In order to access certain features of the Services, rent a property or create an Advertisement, you must register to create a Homversity Account and become a Member. You may register directly via the Services or as described in this section.
4.2. We will create your Homversity Account and your Homversity Account profile page for your use of the Services based upon the personal information you provide us with or that we obtain via a third party as described below. You may not have more than one active Homversity Account at any given time.
4.3. You agree to provide accurate, current, and complete information during the registration process and to update such information if necessary to ensure that it is accurate, current and complete. We reserve the right to suspend or terminate your Homversity Account and your access to the Services if you create or allow to exist more than one Homversity Account at a time or if any information provided during the registration process or thereafter proves to be inaccurate, misleading, out of date or incomplete.
4.4 We may (but shall not be obliged to) from time to time enable you to create a Homversity Account by logging into your account with an account from certain third party social networking sites, including Facebook (“Social Network Site”), each such account with a Social Network Site being a "Third Party Account".
4.5 We may (but shall not be obliged to) from time to time provide functionality within the Services enabling you to link your Homversity Account with one or more Third Party Accounts by either:
4.5.1. providing your Third Party Account login information to us via the Services; or
4.5.2. allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.
4.6. You represent and promise to us that you are entitled to:
4.6.1. disclose any Third Party Account login information you disclose to us; and
4.6.2. grant us access to your Third Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without making us liable to pay any fees or making us subject to any usage limitations imposed by the relevant Social Network Site
4.7 By granting us access to any Third Party Accounts, you understand that we will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account (“TPA Content”) so that it is available on and through the Services via your Homversity Account and Homversity Account profile page, to the extent permitted under the applicable terms and conditions and settings that govern your use of each Third Party Account. Unless otherwise specified in these Terms, all TPA 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 Homversity Account on the Website, Services and Application.
4.8. Please note that if a Third Party Account or associated service becomes unavailable or Homversity’s access to such Third Party Account is terminated by the Social Network Site, then TPA Content will no longer be available on and through the Website, Services and Application. You have the ability to disable the connection between your Homversity Account and your Third Party Accounts, at any time, by accessing the “Account” section of the Website and Application. Your relationship with the Social Network Site associated with your Third Party Account is governed solely by your agreement with such Social Network Site. We make no effort to review any TPA Content for any purpose, including for accuracy, legality or non-infringement and we are not responsible for any TPA Content.
5 Account Security
5.1. You are responsible for safeguarding your password. You agree that you will not store your password in any way (whether electronically, on paper, or otherwise) and that you will not disclose your password to any person. Please note that we will never ask for your password by email, phone or in any other way. If anyone claims to be from Homversity and asks for your password you should not provide them with such, but should notify us by email at [insert e-mail address] as soon as possible with copies of any relevant emails you have received or sent and details, including where possible phone numbers of any phone conversations you have had.
5.2. You will immediately change your password if at any time you believe someone may have discovered your password. You will immediately notify us if you become aware of any unauthorised use of your Homversity Account, including if you discover that your password has been changed without your consent.
5.3. You will take sole responsibility for any activities or actions under your Homversity Account, whether or not you have authorised such activities or actions, except where such activities or actions were authorised by a third party as a result of a failure of our security systems beyond your control.
6 User Conduct
6.1. 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 Services and Content as per the applicable laws of the relevant state under the Union of India. In connection with your use of the Services, you may not and you agree that you will not:
6.1.1. violate any laws, rules, regulations of as per the applicable laws of the relevant state under the Union of India, including any order of a court of competent jurisdiction;
6.1.2. use manual or automated software, devices, scripts, robots, other means or processes to access, “scrape”, “crawl” or “spider” any web pages or other services contained in the Services or Content;
6.1.3. use the Services for any commercial or other purposes that are not expressly permitted by these Terms;
6.1.4. copy, store or otherwise access any information contained in/on the Services or Content for purposes not expressly permitted by these Terms;
6.1.5. infringe the rights of any person or entity, including their intellectual property, privacy, publicity or contractual rights;
6.1.6. interfere with or damage our Services, including 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;
6.1.7. use our Services to transmit, distribute, post or submit any information concerning any other person or entity, including photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
6.1.8. use our Services in connection with the distribution of unsolicited commercial email ("spam") or Advertisements unrelated to a Property available for rent;
6.1.9. "stalk" or harass any other user of our Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Guest, Potential Guest or Host;
6.1.10. offer, as a Host, any Properties that you do not yourself own or have permission to rent out;
6.1.11. offer, as a Host, any Properties which may not be lawfully made available for rent and/or are rented;
6.1.12. offer, as a Host, any Properties which are subject to a mortgage or any other third party rights without first obtaining all necessary consents to do so;
6.1.13. register for more than one Homversity Account or register for a Homversity Account on behalf of an individual other than yourself;
6.1.14. contact a Host for any purpose other than asking a question related to a booking such Host’s Properties or Advertisements;
6.1.15. contact a Guest for any purpose other than asking a question related to a booking;
6.1.16. use the Services to recruit or otherwise solicit any Host or other Member to join third party services or websites that are competitive to Homversity;
6.1.17. impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
6.1.18. use automated scripts to collect information or otherwise interact with the Services;
6.1.19. use the Services to find an Host or Guest and then complete a booking of a Property transaction independent of the Services in order to circumvent the obligation to pay any Service Fees related to Homversity’s provision of the Services;
6.1.20. as a Host, submit any Advertisement with false or misleading prices or other information, or submit any Advertisement with a price or other terms that you do not intend to honour;
6.1.21. post, upload, publish, submit or transmit any Content that, in Homversity’s sole judgment;
(i) infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
(ii) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal 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;
6.1.22. Systematically retrieve data or other Content from our 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;
6.1.23. use, display, mirror or frame the Services, or any individual element within the Services, Homversity’s name, any trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Homversity’s express prior written consent;
6.1.24. access, tamper with, or use non-public areas of the Services, Homversity’s computer systems, or the technical delivery systems of its providers;
6.1.25. attempt to probe, scan, or test the vulnerability of any Homversity system or network or breach any security or authentication measures;
6.1.26. avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Homversity or any of Homversity’s providers or any other third party (including another user) to protect the Services or Collective Content;
6.1.27. 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 Services or Collective Content to send altered, deceptive or false source-identifying information;
6.1.28. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Collective Content; or
6.1.29. advocate, encourage, or assist any third party in doing any of the foregoing.
6.2. Homversity will have the right to investigate and pursue (possible) violations of any of the above to the fullest extent of the law. Homversity may involve and cooperate with the police and/or prosecuting authorities in prosecuting anyone who violate these Terms. You acknowledge that Homversity has no obligation to monitor your access to or use of the Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order of a court of competent jurisdiction, administrative agency or other governmental body. Homversity reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Homversity, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services.
6.3. If you interact with another user of the Services who you feel is acting or has acted inappropriately, including anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, (ii) you suspect of committing an offence in relation to you, or (iii) engages in any other disturbing conduct, you should immediately report such person to Homversity at [insert e-mail address]. You are also free to contact the appropriate authorities and then contact Homversity and providing them with the information of the police station you reported the foregoing to and a report number at [insert e-mail address]; 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.
7 Age Restrictions
You may only access or use the Services if you are at least 18 years of age and by accessing or using the Services you represent and warrant that you are at least 18 years old. Hosts may specify any minimum age they consider appropriate to rent out their Properties, however unless otherwise specified in any Advertisement for a Property or expressly agreed in writing with an Host, the minimum age to rent a Property is 18.
9.1. The Services and Collective Content are protected by copyright, trademark, and other laws of The Netherlands and other jurisdictions. You acknowledge and agree that the Services and Collective Content, including all associated intellectual property rights are the exclusive property of Homversity 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 Services or Collective Content.
9.2. All trademarks, service marks, logos, trade names and any other proprietary designations of Homversity used in/on the Website or Services are trademarks or registered trademarks of Homversity. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective hosts.
9.3. Homversity respects copyright law and expects you to do the same. It is Homversity’s policy to terminate, if deemed appropriate by Homversity, the Homversity Accounts of Members or other account holders who infringe or are believed to be infringing the rights of copyright holders.
10 Homversity Content and Member Content License
10.1. Subject to your compliance with these Terms, Homversity grants you a limited, non-exclusive, non-transferable and non-sub licensable license, to (i) access and view any Homversity Content to which you are permitted access, 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.
10.2. 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 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 Homversity or its licensors, except for the licenses and rights expressly granted in these Terms.
11 Member Content
11.1 We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Website and Services, you hereby grant to Homversity 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, or by means of the Services or otherwise. Homversity does not claim any hostship rights in/to 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.
11.2 You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive host of all Member Content that you make available through the Services or you have all rights, licenses, consents and releases that are necessary to grant to Homversity the rights in/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 Homversity’s use of the Member Content (or any portion thereof) on, through or by means of the Services or otherwise 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.
11.3 You hereby indemnify and keep indemnified Homversity from any and all claims, and all direct and indirect liabilities, costs, proceedings, damages, losses and expenses (including legal and other professional expenses), awarded against, or incurred or paid by Homversity, as a result of or in connection with any claim arising out of a violation of article 11.2.
The Services contain links to third-party websites or resources. You acknowledge and agree that Homversity 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 Homversity 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.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). You may submit Feedback by emailing us at [insert e-mail address] You acknowledge and agree that all Feedback will be the sole and exclusive property of Homversity and you hereby irrevocably assign to Homversity and agree to irrevocably assign to Homversity all of your right, title, and interest in and to all Feedback, including all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Homversity’s request and expense, you will execute documents and take such further acts as Homversity may reasonably request to assist Homversity or to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
14 Terminations and Homversity Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with prior notice of 7 days and at any time: (a) terminate these Terms or your access to our Services, and (b) deactivate or cancel your Homversity Account. Upon termination we will promptly pay you any amounts, which we are legally obligated to pay you. In the event Homversity terminates these Terms, or your access to our Services or deactivates or cancels your Homversity Account you will remain liable for all amounts due to be paid by you as per the terms and conditions agreed upon. You may cancel your Homversity Account at any time by sending an email to [insert e-mail address]. Please note that if your Homversity Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Website or otherwise using the Services, including any reviews or Feedback.
B. ADVERTISEMENTS AND BOOKINGS
15.1. You may create an Advertisement if you are both a Host and a Member. You will be asked a number of questions about the Property to be advertised, including the location, features, amenities, availability, restrictions on use, and pricing. You agree that Advertisements will be distributed and made publicly available via the Services. Once an Host and a Guest have agreed the rent of Property the price and other terms agreed for that rent may only be altered with the consent of both the Host and the Guest.
15.2. You acknowledge and agree that you are responsible for any and all Advertisements you post. You represent and warrant to us and to all other Members that any Advertisement you post, the booking of a Property advertised in an Advertisement posted by you, and the use by a Guest in accordance with the agreed terms of the rent of any Property advertised in an Advertisement posted by you, you will:
15.2.1. not breach any agreements you have entered into with any third parties, including any person who has financed the purchase of the Property;
15.2.2. be in compliance with all applicable laws, rules and regulations, including laws relating to the commercial use of Properties and marina regulations.
15.3 Homversity assumes no responsibility for an Host’s compliance with any applicable laws, rules and regulations and Host hereby indemnifies Homversity of any claims and/or liability, from either a third party or Host arising out of or in connection with the non-compliance of Host with any applicable laws, rules and regulations, including laws, rules and regulations relating to operating permits and mooring permits. Homversity reserves the right, at any time and without prior notice, to remove or disable access to any Advertisement which Homversity, in its reasonable opinion, considers to be in breach of these Terms or otherwise objectionable or harmful to Homversity’s reputation.
15.4. You understand and agree that Homversity does not act as an insurer or as an agent with power to enter into contracts for you as a Host. If a Potential Guest requests a booking of your Property, any agreement you enter into with that Potential Guest is between you and the Potential Guest and Homversity is not a party to that agreement. Notwithstanding the foregoing, Homversity serves as the limited agent of the Host for the purpose of accepting payments from Guests on behalf of the Host and is responsible for transmitting such payments to the Host in accordance with the Terms.
15.5. When you create an Advertisement, you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your Property, including requiring Members to have a profile picture or verified phone number, in order to rent your Property. Any Member wishing to rent Properties included in Advertisements with such requirements must meet these requirements. We do not guarantee that any Member claiming to meet any requirements in fact does so and it is your sole responsibility to determine whether or not a Member does meet your requirements. More information on how to set such requirements is available via the “Hosts” section of the Services.
15.6. If you are a Host, Homversity may make certain tools available to you to help you to make informed decisions about which Members you choose to rent your Property to. You acknowledge and agree that, as a Host, you are solely responsible for your own acts and omissions. Homversity does not represent or guarantee that any person you decide to rent your Property to, whether or not on the basis of any tools made available by Homversity, is qualified or suitable to rent your Property.
16.1. If you are a Host and a booking is requested for your Property via the Services, you may be required to either confirm or reject the booking within [insert duration] of when the booking is requested or the booking request may be automatically cancelled. When a booking is requested via the Services, we will share with you (a) the first and last name of the Potential Guest who has requested the booking, and (b) a link to the Potential Guest’s Homversity Account profile page so that you can view the information on that page before confirming or rejecting the booking. If you are unable to confirm or decide to reject a booking of a Property within such 24-hour period, any amounts collected by Homversity for the requested booking will be refunded to the applicable Potential Guest’s credit card and any pre-authorisation of such credit card will be released. When you confirm a booking requested by a Potential Guest, Homversity will send you an email message via the Services confirming such booking, depending on the selections you make via the Services.
16.2. The fees displayed in each Advertisement are comprised of the Rental Fees and the Service Charges. Where applicable, Tax may be charged in addition to the Rental Fees and Service Charges, such will clearly be stated in the Advertisement. The Rental Fees, Service Charges and applicable Tax are collectively referred to in these Terms as the “Total Fees”. The amounts due and payable by a Guest solely relating to an Host’s Property which are actually collected by Homversity are the “Rental Fees”. Please note that it is the Host and not Homversity which determines the Rental Fees. The Rental Fees may include a cleaning fee or additional costs, at the Host’s discretion.
16.3. Hosts, not Homversity, are solely responsible for honouring any confirmed bookings and making available any Properties reserved through the Services. If you, as a Guest, choose to enter into a transaction with an Host for the booking of a Property, you agree and understand that you will be entering into a contract with the Host and you agree to accept any terms, conditions, rules and restrictions associated with such Property imposed by the Host, all of which will be notified to you before you are required to commit to that contract. You acknowledge and agree that you, and not Homversity, will be responsible for performing the obligations of any such contracts, that Homversity is not a party to such agreements, and that, with the exception of its obligations hereunder to pay Rental Fees and Late Charges to the applicable Host, Homversity disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Homversity is not a party to the agreement between you and the Host, Homversity acts as the Host’s payment agent for the limited purpose of accepting payments from you on behalf of the Host. Upon your payment of amounts to Homversity which are due to the Host, your payment obligation to the Host for such amounts is fulfilled, and Homversity is responsible for remitting such amounts, less Homversity’s Service Fees, to the Host as per the payment terms agreed by and between Homversity and the Host. In the event that Homversity does not remit any such amounts to Host, such Host will have recourse for such amounts only against Homversity.
16.4. You, the Guest, agree to pay Homversity the Rental Fees and Late Charges for any booking requested in connection with your Homversity Account if such requested bookings are confirmed by the applicable Host. In order to establish a booking pending the applicable Host’s confirmation of your requested booking, you understand and agree that Homversity, on behalf of the Host, reserves the right, in its sole discretion, to (i) obtain a pre-authorisation via your credit card/debit card/post dated cheque/net banking for the Rental Fees or (ii) charge your credit card/debit card a nominal amount, not to exceed [insert amount] to verify your card. Once Homversity receives confirmation of your booking from the applicable Host, Homversity will collect the Rental Fees and Late Charges in accordance with these Terms and the pricing terms set forth in the applicable Listing. Please note that Homversity cannot control any fees that may be charged to a Guest by his or her bank related to Homversity’s collection of the Rental Fees or Late Charges, and Homversity disclaims all liability in this regard.
17 Security Deposits
17.1. A security deposit will be specified in every Advertisement (“Security Deposit”). For all Security Deposits included in an Advertisement for a confirmed booking of a Property, Homversity will, in its capacity as the payment agent of the Host, use its reasonable endeavours to obtain a pre-authorisation of the Guest’s credit card in the amount the Host determines for the Security Deposit within a reasonable time prior to the commencement of the Guest’s rent of the Property. Homversity will also use its reasonable endeavours to address Hosts’ requests and claims related to such Security Deposits, but Homversity is not responsible for administering or accepting any claims by Hosts related to Security Deposits, and disclaims any and all liability in this regard.
17.2. A Security Deposit may be applied towards, and a Guest’s credit card charged up to the amount of the Security Deposit for:
17.2.1. the cost of making good any damage to a Property for which a Guest is responsible and which is not covered by the Insurance Policy, including damage up to the amount of any excess on the Insurance Policy for the respective Property;
17.2.2. any Late Charges payable by a Guest.
17.3. A Guest’s liability for damage to a Property is not limited to the amount of the Security Deposit provided by the Guest. See paragraph 25 below for further terms in relation to damage to Properties.
18 Charges and Fees payable by Hosts
18.1. In consideration for providing the Services, Homversity charges a onetime listing charge of Rs. 5000/-(rupees five thousand) and additional service fees to Hosts (“Service Fees”). Service Fees are based upon a percentage of the amount of Rental Fees and Late Charges (if any), excluding any Tax. Where applicable, Goods and Service Tax and any other applicable Tax may also be charged to Host in addition to the Service Fees. Service Fees are deducted from the Rental Fees before remitting the Rental Fees to the Host, within [insert time/duration] of when the Guest checks in the applicable Property at the end of the Actual Rental Period.
18.2. Balances will be remitted by Homversity to Hosts by direct credit transfer or other payment methods described on the Services. More information on Services Fees can be found at www. Homversity.com. Except as otherwise provided herein, Service Fees are non-refundable.
18.3. For Basic Subscriptions all bookings will be charged with a 10% Service Fee (commission) by Homversity.
19 Cancellation Policy
19.1. If, as a guest, you cancel your requested booking before the requested booking is confirmed by an Host, Homversity 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 Services, the cancellation policy of the Host contained in the applicable Advertisement will apply to such cancellation. The host has the choice of Very Strict, Strict, Medium or Flexible cancellation policy:
VERY STRICT If you cancel the booking -up to 10 days before check-in you will be not be charged a cancellation amount -up to five days before check-in you will be charged for 50% of the booking amount -up to two days before check-in you will be charged for 100%of the booking amount.
STRICT If you cancel the booking -up to six weeks before check-in you will be charged for 30% of the booking amount -up to four weeks before check-in you will be charged for 50% of the booking amount -up to two weeks before check-in you will be charged for 80% of the booking amount –after two weeks before check-in you will be charged for 100% of the booking amount.
MEDIUM If you cancel the booking -up to six weeks before check-in you will be charged for 25% of the booking amount -up to four weeks before check-in you will be charged for 40% of the booking amount -up to one week before check-in you will be charged for 60% of the booking amount –after one weeks before check-in you will be charged for 100% of the booking amount.
FLEXIBLE If you cancel the booking -up to one month before check-in you will be charged for 20% of the booking amount -up to two weeks before check-in you will be charged for 20% of the booking amount -up to 7 days before check-in you will be charged for 20% of the booking amount -up to 24 hours before check-in you will be charged for 50% of the booking amount -on the day of check-in you will be charged for 75% of the booking amount.[further input required]
If there is no cancellation policy shown in the hosts’ advertisement the general policy will count as: "Very Strict".
The reservation is officially cancelled when the Guest sends an email to [insert e-mail address] and receives a confirmation. In case of complaints from any party, Homversity has the final word in any dispute in its sole discretion. Cancellation policies may be superseded by the safety cancellations, Guest Refund Policy (as below defined), or Extenuating Circumstances (as below defined). All users are encouraged to check these carefully by reading the following exceptions.
19.2 The Host is not allowed to cancel a confirmed booking. In the event the Host decides to cancel a confirmed booking a penalty of [insert amount] excl. GST will be charged,
Unless Homversity has offered alternative accommodation the Host will endeavor to make alternative arrangements of equal or better quality at the cost of the Host and in case there is no Accommodation available On arrival the Host will: (i) find suitable alternative accommodation of the same or better standard as compared to the reservation guaranteed by the Guest Accommodation; (ii) offer free private transport to the alternative accommodation for the Guest, and (iii) To compensate Homversity and / or compensate the Guest for all costs and expenses reasonably incurred or suffered by Homversity and / or the Guest (such as cost of alternative accommodation, transportation, telephone charges)as a consequence of the initial cancellation. Any amount and penalties charged by Homversity in such case will be paid within [insert duration] of receipt of the invoice. The Host hereby agrees that the amount will be automatically charged from the Host’s credit card on file.
20 Appointment of Homversity as Limited Payment Collection Agent for Host
20.1. Each Host hereby appoints Homversity as the Host’s limited agent solely for the purpose of collecting payments made by Guests on behalf of the Host and forwarding such payments to Host, minus the applicable Service Fees. Each Host agrees that payment of Rental Fees made by a Guest to Homversity shall be considered the same as a payment made directly to the Host and the Host will make the Property available to a Guest in the agreed upon manner as if the Host has received the Rental Charges. Each Host agrees that Homversity may, in accordance with the cancellation policy stated in the terms and conditions and reflected in the relevant Advertisement, (i) permit the Guest to cancel the booking and (ii) refund to the Guest that portion of the Rental Fees specified in the cancellation policy. In accepting appointment as the limited authorised agent of the Host, Homversity assumes no liability for any acts or omissions of the Host.
C. PROPERTY RENTAL TERMS
22 Pre-Rent Inspection
22.1. Prior to the commencement of the Agreed Rental Period, the Guest may inspect the Property in the company of the Host or the Host’s representative to assess the condition of the Property and to satisfy the Guest that the Property is as described in the Advertisement the Guest responded to or is otherwise in such condition as has been agreed between the Host and the Guest.
22.2. Acceptance of the Property by the Guest shall be evidence that the Property is in a satisfactory condition in accordance with the terms of the contract between the Guest and the Host.
22.3. If the Guest does not accept delivery of the Property within three hours from the start of the Agreed Rental Period and has not notified the Host of Guest’s intention to accept delivery later during the Agreed Rental Period, the Host may terminate the Rent and shall be entitled to payment of such sums as would be payable under the cancellation policy of the Host contained in the applicable Advertisement in the event of a cancellation by the Guest on the day the Agreed Rental Period was due to commence. If the Host is able to re-rent the Property for any part of the original Agreed Rental Period, the Host shall give credit to the original Guest for any sums received for such re-hire, less any additional costs incurred by the Host.
23 Host’s Undertakings
23.1. to handover the Property to the Guest:
24.1.1. at the start of the Agreed Rental Period, failing which (i) if the delay is up to 25% of the Agreed Rental Period, the Host’s liability shall be limited to a pro rata refund of the Rental Fees, and (ii) if the delay is 25% or more of the Agreed Rental Period the Guest shall be entitled to terminate the Rent and receive a refund of all sums paid and shall have no liability to the Host to pay any Rental Fees or Late Charges and shall be entitled to the release of the Guest’s Security Deposit;
23.1.2. in the condition described in the Advertisement the Guest responded to or in such other condition as agreed with the Guest;
23.2. in the event of a Guest terminating the Rent under paragraph 24.1.1, to compensate the Guest for any non-refundable travel or accommodation expenses reasonably incurred in connection with, or anticipation of, the Rent, provided that (i) the Host shall have no liability to the Guest in respect of any other consequential loss or loss of use or enjoyment of the Property, and (ii) the Host’s liability to the Guest for any breach of contract entitling the Guest to terminate the Rent under paragraph 24.1.1 shall not exceed [insert percentage] of the Rental Fees agreed for the Rent;
23.3. to permit the Guest to use the Property in accordance with these Terms for the Agreed Rental Period, provided that the Host does not warrant or represent that the Property is suitable for any particular purpose unless expressly stated in the Advertisement the Guest responded to or as otherwise agreed in writing by the Host;
24 Scope of Homversity’s obligations
24.1. If you choose to use the Services, you do so at your own risk. You acknowledge and agree that Homversity does not have an obligation to conduct background checks on any Member, including (Potential) Guests and Hosts, but, at its sole discretion, may conduct such background checks. The Services and/or Collective Content are provided “as is”, without warranty of any kind, either express or implied. Without limiting the foregoing, Homversity explicitly disclaims any warranties of merchantability, fitness for a particular purpose, or non-infringement of any kind, and any warranties arising out of or in the course of dealing or usage of trade. Homversity makes no warranty that the Services and/or Collective Content, including the Advertisements or any Properties, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Homversity makes no warranty regarding the quality of any Advertisements, Properties, or the Services or Member Content or the accuracy, timeliness, truthfulness, completeness or reliability of any Member Content.
24.2. No advice or information, whether oral or written, obtained from Homversity or through the Services or Collective Content, will create any warranty not expressly made herein, unless expressly made in any such advice or information.
24.3. You are solely responsible for all of your communications and interactions with other users of the Services and with other persons with whom you communicate or interact as a result of your use of the Services, including any Hosts or (Potential) Guests. You understand that Homversity does not make any attempt to verify the statements of users on/of the Website or Services or to review or inspect any Properties. Homversity makes no representations or warranties as to the conduct of users of the Website, Application or Services or their compatibility with any current or future users of the Website, Application or Services. You agree to take reasonable precautions in all communications and interactions with other users of the Website, Application or Services and with other persons with whom you communicate or interact as a result of your use of the Website, Application or Services, including (Potential) Guests and Hosts, particularly if you decide to meet offline or in person regardless of whether such meetings are organized by Homversity.
24.4. Notwithstanding Homversity’s appointment as the limited agent of the Hosts for the purpose of accepting payments from Guests on behalf of the Hosts, Homversity explicitly disclaims any and all liability for any act or omission of any Potential Guest, Guest or other third party.
25 Limitation of Liability
25.1. You acknowledge and agree that, the entire risk arising out of or in connection with your access to and use of the Services and Collective Content, your Advertisement or booking of and use of any Properties via the Services, and any contact you have with other users of the Services whether in person or online remains with you. Neither Homversity nor any other party involved in creating, producing, or delivering the Service and/or Collective Content will be liable for any direct or indirect 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 Services and/or Collective Content, from any communications, interactions or meetings with other users of the Services or other persons with whom you communicate or interact as a result of your use of the Services, or from your Advertisement, booking, or use of any Property via the Services, whether based on warranty, contract, unlawful act, product liability or any other legal basis, and whether or not Homversity 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.
25.2. Except for our obligations to pay amounts due by Guests to Hosts pursuant to these Terms, in no event will Homversity’s aggregate liability arising out of or in connection with these Terms and your use of the Services including from your Advertisement, booking or use of any Property via the Services, or from the use of or inability to use the Services, or Collective Content and in connection with any Property or interactions with any other Members, exceed the amounts you have paid for bookings via the Website, Application and Services as a guest in the twelve (12) month period prior to the event giving rise to the liability, or if you are an Host, the amounts paid by Homversity to you in the twelve (12) month period prior to the event giving rise to the liability, , if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the contract between Homversity 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 if that is the case in your jurisdiction.
26.1. You agree to release, defend, indemnify, and hold harmless Homversity and all companies in its group of companies including parent companies, and their officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal and other professional fees, arising out of or in any way connected with (a) your access to or use of the Services and/or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking, rent or use of a Property, (iii) creation of an Advertisement or (iv) the use, condition or rent of a Property by you, including any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rent , booking or use of a Property.