Welcome to Homee’s Terms and Conditions of Use (these “Terms”). This is a contract between you and Homee App Co and we want you to know yours and our rights before you use the Homee website or application (“Homee” or the “App”). Please take a few moments to read these Terms before enjoying the App, because once you access, view or use the App, you are going to be legally bound by these Terms (so probably best to read them first!). Please also read our Privacy Policy.
All listings and accounts on Homee are subject to security checks. When using the platform, you agree to be subject to these security checks, which may delay the activation of your listing or your account.
Homee may, in its absolute discretion, suspend or terminate your Account if:
All listings and accounts on Homee are subject to security checks. When using the platform, you agree to be subject to these security checks, which may delay the activation of your listing or your account.
Homee may, in its absolute discretion, suspend or terminate your Account if:
You must not, and must not attempt to:
Homee will attempt to make the App and Services available for use 24 hours a day, 7 days a week. However, it will be necessary for Homee to take-down the App and cease providing the Services for a period of time for regular maintenance and to make improvements and if circumstances beyond Homee’s control exist, such as problems preventing access to hosting services. In such circumstances Homee will incur no liability to you for such interruption or cessation of Services no matter how such liability would otherwise arise.
From time to time, Homee will make available on the App guides other material setting out information relevant to seeking accommodation or renting accommodation, such as articles/guides relating to tenants’ rights as tenants (Informative Content) or agreements. Any Informative Content on the App is of a general nature only and does not consider your personal objectives, financial situation or particular needs. You should not regard Informative Content as advice and you should seek professional legal, property, accounting or other advice for your specific circumstances. You should not rely on any Informative Content as the basis for taking any legal action, negotiating or entering any agreement, or incurring any financial liabilities.
Homee may offer products and services for purchase on the App (“In-App Purchase”). If you choose to make an In-App Purchase, you acknowledge and agree that additional terms, disclosed to you at the point of purchase, may apply, and that such additional terms are incorporated herein by reference.
You may make an In-App Purchase through the following payment methods (“Payment Method”): (a) making a purchase through a third-party platform such as the Apple App Store and Google Play Store (“Third Party Store”), or (b) paying with your credit card, debit card, or PayPal account, which will be processed by a third-party processor. Once you have made an In-App Purchase, you authorise us to charge your chosen Payment Method. If payment is not received by us from your chosen Payment Method, you agree to promptly pay all amounts due upon demand by us.
Subscriptions and Auto-Renewal: Homee may offer some services as automatically renewing subscriptions, e.g., a one-week subscription, one-month subscription, or three-month subscription (“Premium Services”). IF YOU PURCHASE AN AUTOMATICALLY RENEWING SUBSCRIPTION, YOUR SUBSCRIPTION WILL RENEW AT THE END OF THE PERIOD, UNLESS YOU CANCEL, AT HOMEE’s THEN-CURRENT PRICE FOR SUCH SUBSCRIPTIONS. To avoid charges for a new subscription period, you must cancel, as described below, before the end of the then-current subscription period. Deleting your account or deleting the application from your device does not cancel your subscription. You will be given notice of changes in the pricing of the Premium Services to which you have subscribed and an opportunity to cancel. If Homee changes these prices and you do not cancel your subscription, you agree that you will be charged at Homee’s then-current pricing for subscription.
Cancelling Subscriptions: If you purchased a subscription directly from Homee, you may cancel or change your Payment Method via the payment settings option under your profile. If you purchased a subscription through a Third Party Store, such as the Apple App Store or the Google Play Store, you will need to access your account with that Third Party Store and follow instructions to change or cancel your subscription. If you cancel your subscription, you may use your subscription until the end of the period you last paid for, but (i) you will not (except as set forth in the subsection entitled “Refunds” below) be eligible for a prorated refund, (ii) your subscription will not be renewed when that period expires and (iii) you will then no longer be able to use the Premium Services or In-App Purchases enabled by your subscription.
Because our Services may be utilised without a subscription, cancelling your subscription does not remove your profile from our Services. If you wish to fully terminate your account, you must terminate your account as set forth in Section 16.
Homee App Co operates a nation business, and our pricing varies by a number of factors. We frequently offer promotional rates - which can vary based on region, length of subscription, bundle size and more. We also regularly test new features and payment options. Homee App Co reserves the right, including without prior notice, to limit the available quantity of or discontinue making available any product, feature, service or other offering; to impose conditions on the honouring of any coupon, discount, offer or other promotion; to bar any user from making any transaction; and to refuse to provide any user with any product, service or other offering or to honour any offer.
Free Trials: If you sign up for a free trial and do not cancel, your trial may convert into a paid subscription and your Payment Method will be charged at the then-current price for such subscription. Once your free trial converts to a paid subscription, your paid subscription will continue to automatically renew at the end of each period, and your Payment Method will be charged, until you cancel. To avoid charges for a new subscription period, you must cancel before the end of the then-current subscription period or free trial period as described above. Deleting your account or deleting the application from your device does not cancel your free trial. If you have signed up for a free trial on Homee through the Apple Store or Google Play Store previously, you will not be eligible for another free trial and you will then be automatically signed up to a subscription and charged as described in this paragraph.
Refunds: Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods.
External Service Purchases, including subscriptions, may be processed through the External Service, in which case those purchases must be managed through your External Service Account. Subscriptions automatically renew until you cancel.
When making a purchase on the Service, you may have the option to pay through an External Service, such as with your Apple ID or Google Play account ("your External Service Account"), and your External Service Account will be charged for the purchase in accordance with the terms disclosed to you at the time of purchase and the general terms applicable to your External Service Account. Some External Services may charge you sales tax, depending on where you live, which may change from time to time.
If your External Service Purchase includes an automatically renewing subscription, your External Service Account will continue to be periodically charged for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, the subscription will automatically continue for the price and time period you agreed to when subscribing. If you received a discounted promotional offer, your price may go up per the terms of that offer following the initial subscription period for any subsequent renewal period.
To cancel a subscription: If you do not want your subscription to renew automatically, or if you want to change or terminate your subscription, you must log in to your External Service Account and follow instructions to manage or cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the App from your device. For example, if you subscribed using your Apple ID, cancellation is handled by Apple, not Homee. To cancel a purchase made with your Apple ID, go to Settings > iTunes & App Stores > [click on your Apple ID] > View Apple ID > Subscriptions, then find your Homee subscription and follow the instructions to cancel. You can also request assistance at https://getsupport.apple.com.
Similarly, if you subscribed on Google Play, cancellation is handled by Google. To cancel a purchase made through Google Play, launch the Google Play app on your mobile device and go to Menu > My Apps > Subscriptions, then find your Homee subscription and follow the instructions to cancel. You can also request assistance at https://play.google.com. If you cancel a subscription, you may continue to use the cancelled service until the end of your then-current subscription term. The subscription will not be renewed when your then-current term expires.
Internal Purchases, including subscriptions, are processed using the Payment Method you provide on the App. Subscriptions automatically renew until you cancel.
If you make an Internal Purchase, you agree to pay the prices displayed to you for the Services you've selected as well as any sales or similar taxes that may be imposed on your payments (and as may change from time to time), and you authorize Homee to charge the payment method you provide (your "Payment Method"). Homee may correct any billing errors or mistakes even if we have already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, Homee may terminate your account immediately in its sole discretion, on the basis that you have determined that you do not want a Homee subscription. In the event that your chargeback or other payment reversal is overturned, please contact us.
If your Internal Purchase includes an automatically renewing subscription, your Payment Method will continue to be periodically charged for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for the price and time period you agreed to when subscribing, until you cancel.
To cancel a subscription, log in to the App and go to the Account section. If you cancel a subscription, you may continue to use the canceled service until the end of your then-current subscription term. The subscription will not be renewed when your then-current term expires.
You may edit your Payment Method information by using the Settings tool and following the link to let your upgrade expire. If a payment is not successfully processed, due to expiration, insufficient funds, or otherwise, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates.
In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method.
Virtual items are non-refundable and subject to certain conditions.
From time to time, you may have the opportunity to purchase a limited, personal, non-transferable, non-sublicensable, revocable license to use or access special limited-use features including but not limited to credits redeemable on virtual items, such as Boost ("Virtual Item(s)") from Homee. You may only purchase Virtual Items from us or our authorized partners through our Services.
Virtual Items represent a limited license right governed by this Agreement, and, except as otherwise prohibited by applicable law, no title or ownership in or to Virtual Items is being transferred or assigned to you. This Agreement should not be construed as a sale of any rights in Virtual Items.
Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. Virtual Items do not incur fees for non-use; however, the license granted to you in Virtual Items will terminate in accordance with the terms of this Agreement, on the earlier of when Homee ceases providing our Services, or your account is otherwise closed or terminated.
Homee, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and/or may distribute Virtual Items with or without charge. Homee may manage, regulate, control, modify, or eliminate Virtual Items at any time, including taking actions that may impact the perceived value or purchase price, if applicable, of any Virtual Items. Homee shall have no liability to you or any third party in the event that Homee exercises any such rights. The transfer of Virtual Items is prohibited, and you shall not sell, redeem, or otherwise transfer Virtual Items to any person or entity. Virtual Items may only be redeemed through our Services.
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH OUR SERVICES ARE FINAL AND NON-REFUNDABLE, EXCEPT AS REQUIRED UNDER THE AUSTRALIAN CONSUMER LAW OR OTHER MANDATORY CONSUMER PROTECTION LEGISLATION.YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
We may provide you with emails, push notifications, alerts and other messages related to the App and/or the Homee services, such as enhancements, offers, products, events, and other promotions. After downloading the App, you will be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the App, you may opt out by changing your notification settings on your mobile device. With respect to other types of messaging or communications, such as emails etc., you can unsubscribe or opt out by either following the specific instructions included in such communications, or by emailing us with your request.
The App may allow access to or make available opportunities for you to view certain content and receive other products, services and/or other materials based on your location. To make these opportunities available to you, the App will determine your location using one or more reference points, such as GPS, Bluetooth and/or software within your mobile device. If you have set your mobile device to disable GPS, Bluetooth or other location determining software or do not authorise the App to access your location data, you will not be able to access such location-specific content, products, services and materials. For more about how the
At the time you upload Content, you represent and warrant that:
Homee does not endorse any Content or Listing uploaded to the App by you or any user, or any opinion, recommendation or advice expressed in the Content or Listing.
Homee acknowledges and agrees that no right, title and interest in and to the Content you submit to the App is transferred to Homee and that it has no rights in respect of that Content except those rights granted to it under these Terms and Conditions of Use or otherwise in writing by you.
At the time you upload Content, you grant to Homee a non-exclusive, royalty-free, worldwide, irrevocable, perpetual licence to host, cache, store, maintain, use, reproduce, communicate, distribute, display, exhibit, perform, publish, broadcast, transmit, modify, prepare derivative works of, adapt, reformat, translate or otherwise exploit all or any part of the Content on the App and any other Website which is associated with, connected to, or otherwise operated by Homee.
Homee, in its sole and absolute discretion, may block or delete any any Listing in respect of a Listing, if Homee determines that any of the preceding material contravenes or is likely to contravene these Terms and Conditions of Use.
You forever release Homee, and its directors, officers, employees, agents and contractors, for any and all claims, rights, demands, actions or suits which you have, may have or would have had, in connection with Homee’s exploitation of the Content or the exploitation of the Content by any of Homee or its directors, officers, employees, agents or contractors and whether that claim arose or arises in contract, tort (including, without limitation, negligence), under statute or otherwise.
You hereby consent to all acts or omissions by Homee, its licensees or others authorised by it, or its successors in title, which would otherwise constitute an infringement of any moral rights you have, or may have, in the Content or any part of it, or any material appearing in the Content, whatsoever and wheresoever subsisting throughout the world. You acknowledge that such consent is provided genuinely and includes consent for Homee, or any other person authorised by Homee, to materially alter, modify, add to and in any way change the Content or any part of it, or any material appearing in the Content, and deal with the Content or any part of it, or any material appearing in the Content, without identifying you or any third person as the author of the Content or any part of the Content, or any material appearing in the Content. You warrant that any third party who has acquired any moral rights in the Content or any part of it, or any material appearing in the Content, has also waived his or her moral rights or consented to all acts or omissions (as applicable) on terms similar to the terms set out in these Terms and Conditions of Use.
Homee operates on a “notice and takedown basis”. If you have any objections or complaints to any content or material appearing on the App, or if you believe that content or material posted on the App infringes your copyright, please contact us immediately at www.homeeapp.co
Use of the App and the Service is at your own risk. Both are provided on an “as is” basis, and Homee makes no representation, and gives no warranty or guarantee (to the extent permitted by law), as to its function or operation, or that it is free from any defects.
If the Competition and Consumer Act 2010 (Cth) or any other Act (including, without limitation, equivalent country, state or territory legislation) implies into these Terms and Conditions of Use any term, or otherwise provides that any guarantee applies in relation to the services supplied under or in connection with these Terms and Conditions of Use, which, or the effect of which, cannot be excluded or modified, and if we breach such term, condition, warranty or guarantee, then Homee’s liability (if permitted by the relevant Act) is limited, at Homee’s election, to the re-supplying of the relevant services, a refund of the cost of having those services supplied or payment of the cost of having the services re-supplied. Nothing in these Terms excludes, restricts, or modifies any rights or remedies you may have under the Australian Consumer Law that cannot lawfully be excluded or restricted.
Subject to clause 8.1 above, and to the extent permitted by law, Homee shall not have any liability whatsoever (whether in contract, tort including negligence, pursuant to statute or otherwise) to you for any direct or indirect loss or damage of whatsoever kind you suffer or incur as a result of, or in any way in connection with, your use of the App or the Services, or which otherwise arises in connection with your dealings with Homee.
You indemnify Homee and its directors, officers, employees, agents and contractors, and agree to keep each of them fully indemnified, from and against any loss, claim or damages (including, without limitation, any costs (including legal costs) on a full indemnity basis) suffered, incurred or brought against any one or more of them by a third party as a result of any breach by you of clauses 1.1(a)(i)-(iii), 3.1 and 4.2 of these Terms and Conditions of Use or arising out of any other negligent act, omission or wilful misconduct by you in connection with your use of the App or the Services, including but not limited to the following circumstances:
We will notify you within a reasonable period of any third party claim giving rise to a claim for indemnification and will take reasonable steps to mitigate any loss or damage. To the extent that we caused or contributed to any loss, your liability will be reduced proportionately.
This App may contain links to other web sites or resources operated by parties other than Homee. References to any products, services, processes, trade names, trade marks, or other information of third parties does not imply or constitute an endorsement, sponsorship, association with or recommendation by Homee. Links to third party sites not operated by Homee are provided to you for your convenience and/or reference only. You acknowledge and agree that Homee does not control such sites and Homee is not responsible for the content on those sites or the privacy of other practices of such sites. You further acknowledge and agree that Homee shall not be responsible or liable, directly or indirectly, for any damage, loss or cost whatsoever caused or alleged to be caused by or in connection with use of or reliance on any such sites or the contents, goods or services available on or through any such site.
The following additional terms and conditions apply to you if you download the App from a Third Party Store. To the extent that the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section will apply, but solely with respect to the App and the Third Party Store. You acknowledge and agree that:
These Terms are concluded solely between you and Homee App Co and not with the providers of the Third Party Store, and the Homee App Co (and not the Third Party Store providers) is solely responsible for the App and the content thereof. To the extent that these Terms provide for usage rules for the App which are less restrictive or in conflict with the applicable terms of service of the Third Party Store from which you obtain the App, the more restrictive or conflicting term of the Third Party Store will take precedence and will apply.
The Third Party Store provider has no obligation whatsoever to provide any maintenance and support services with respect to the App. The Homee App Co is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. The Third Party Store provider will have no warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Homee App Co
Homee App Co, not the Third Party Store provider, is responsible for addressing any claims you or any third party may have relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and/or (iv) intellectual property infringement claims.
The Third Party Store provider and its subsidiaries are third party beneficiaries of these Terms, and, upon your acceptance of these Terms, the Third Party Store provider from whom you obtained the App will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
In the event of a conflict between a Third Party Store’s or mobile carrier’s applicable terms and conditions and these Terms, the terms and conditions of the Third Party Store or mobile carrier shall govern and control. We are not responsible and have no liability whatsoever for third-party goods or services you obtain through a Third Party Store or mobile carrier. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.
THE APP, SITE, OUR CONTENT, AND MEMBER CONTENT ARE ALL PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT GUARANTEE THE COMPATIBILITY OF ANY MATCHES.
SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN WE GRANT THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION.
ADDITIONALLY, WE DO NOT MAKE ANY WARRANTIES THAT THE APP OR SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE APP OR SITE WILL MEET YOUR EXPECTATIONS, OR THAT THE APP, SITE, OUR CONTENT, ANY MEMBER CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. YOUR USE OF THE APP OR SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. HOMEE APP CO IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER. HOMEE APP CO DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS
Neither these Terms and Conditions nor use of the App and/or the Services create any partnership, joint venture or agency relationship between Homee and users or between users. You must not enter into any agreements or incur any liabilities on behalf of Homee or any other user without that party’s prior written consent and must not represent that it has any authority to do so.
These Terms and Conditions of Use constitute the entire agreement and understanding between the parties with respect to its subject matter and supersede all prior or contemporaneous oral or written agreements, undertakings, or representations between the parties concerning such subject matter.
If any provision of these Terms and Conditions of Use is void, voidable, unenforceable or illegal, that provision will be read down so as to be valid and enforceable or, alternatively, will be severed from these Terms and Conditions of Use. The severance of any provision in accordance with this clause will not affect the validity or effectiveness of the remaining provisions of these Terms and Conditions of Use.
The interpretation, construction and effect of these Terms and Conditions of Use shall be governed and construed in all respects in accordance with the laws of the State of New South Wales, Australia and the parties submit to the jurisdiction of the Courts exercising jurisdiction in that State. Mandatory consumer protection laws of other Australian States and Territories may also apply to your use of the App and the Services.
As Homee grows, we might have to make changes to these Terms so we reserve the right to modify, amend or change the Terms at any time (a “Change”). If we do this then the Changes will be posted on this page and we will indicate the Effective Date of the updates at the bottom of the Terms. You should regularly check this page for notice of any Changes – we want our users to be as informed as possible.
Your continued use of Homee following any Change constitutes your acceptance of the Change and you will be legally bound by the new updated Terms. If you do not accept any Changes to the Terms, you should stop using Homee immediately (uh oh, that’s going to be hard!).
