Terms and Conditions. Hommits - real estate in USA
1.1. These Terms and Conditions give you information about the terms on which we agree to provide you with access to the Services and Online Platform.
1.2. The Terms and Conditions are the terms on which Hommits Limited offers you access to the Services and the Online Platform. By browsing and using the Online Platform or registering as a member of Hommits you accept these Terms and Conditions. If you do not accept these Terms and Conditions, you must refrain from using the Online Platform and the Services. These Terms and Conditions supersede all previous terms, conditions and understandings, and constitutes the entire agreement between the parties, related to the Services and Online Platform.
1.4. From time to time it may be necessary for Hommits to amend these Terms and Conditions. This could be because of regulatory, technological or industry changes or because we want to offer you a better service. We will communicate all changes by notifying you on our Online Platform or for more significant changes by emailing you. We will try to give you as much notice as possible. Amendments will be effective immediately upon posting of the amended Terms and Conditions on this Online Platform. Please ensure you watch out for updates and familiarize yourself with the latest version. If you continue to use the Online Platform or the Services you are accepting your agreement to the current Terms and Conditions (including any amendments).
2. Terms used
2.1. In these Terms and Conditions the following terms have the following meanings:
2.1.1. ‘buyer’ means any person looking to buy a property;
‘listing’ means a listing on the Online Platform through which you advertise any property;
2.1.2. ‘member’ means a person who has signed up as a registered member of Hommits;
2.1.3. ‘Online Platform’ means any Hommits online platform including but not limited to the software, data, database(s), systems and processes that form part of or sit behind the online platform and the website(s) through which you access the online platform and through which the Services are offered;
2.1.4. ‘seller’ includes any person placing a listing.
2.1.5. ‘Services’ means any one or more of the services offered by Hommits Limited or Hommits's wholly owned subsidiaries, from time to time;
2.1.6. ‘we’, ‘us’ and ‘our’ are a reference to Hommits Limited; and
2.1.7. ‘you’ and ‘your’ are a reference to you.
3. Hommits is not an agent or auctioneer
3.1. Hommits provides the Online Platform to allow members who want to buy and sell property to interact and for sellers to list their properties for sale. Hommits do not act as agent for either party and do not participate in any sale or transaction between you and other members. Hommits only provides the platform and the ability for buyers and sellers to connect with each other. If an agreement for sale occurs between a buyer and seller a contract of sale will be formed between the buyer and the seller directly. Hommits is not carrying out ‘real estate agency work’ or ‘agency work’ under the Real Estate Agents Act 2008. Hommits is also not an auctioneer (whether under the Auctioneers Act 2013 or otherwise).
4. You are using the platform at your own risk
4.1. By using the Online Platform and Services you expressly understand and agree that your use of the Services is at your sole risk. The Online Platform and Services are provided on an ‘as is’ and ‘as available’ basis without (to the extent permitted by law) any warranties, conditions or guarantees of any kind, either express or implied.
Without limiting paragraph 3.1 , by registering as a member or browsing you acknowledge that: ‘as is’ and ‘as available’ basis without (to the extent permitted by law) any warranties, conditions or guarantees of any kind, either express or implied.
4.1.1. Sometimes our Online Platform may be interrupted, down or delayed or scheduled for unexpected or routine maintenance. We may cease making the Online Platform available at any time in order to perform any required maintenance or implement any upgrades. We will endeavor to provide you with reasonable notice where possible. Hommits takes no responsibility for any system unavailability, or for any loss that is incurred as a result of Online Platform or Services being unavailable.
4.1.2. Hommits assumes no responsibility for the corruption of any data or information held by Hommits.
4.1.3. We are not responsible or liable in any way for (including for accuracy or reliability) of any content (of any kind whether words, documents, photos, trademarks or otherwise) provided by other users or members (via the Online Platform or other channels) and that we have no duty or obligation to pre-screen such content. We are not liable for any loss resulting from any action taken or reliance made by you on any content, information or material posted by another member.
4.1.4. We reserve the right at all times to determine whether content is appropriate and in compliance with these Terms and Conditions. We may pre-screen, move, refuse, modify and/or remove content at any time, without prior notice and in our sole discretion if we consider that such content is in violation of these Terms and Conditions or is otherwise objectionable.
4.1.5. Hommits does not recommend or endorse any advertised property. By listing your property on the Online Platform you accept that you are solely responsible for any representation made in connection with its advertisement, and by browsing and engaging with a property listed you accept that all representations made are by the member advertising their property not by Hommits.
4.1.6. We do not accept responsibility for whether other users will carry out a transaction with you with reasonable care and skill, fitness for a particular purpose or timeliness.
4.1.7. Transactions, correspondence and all other contact between you and other members are conducted entirely at your own risk. You agree that Hommits takes no responsibility or liability for the actions, omissions or any misconduct of any of its members. This includes without limitation, members who attempt to mislead or defraud you or misrepresent their intentions. Hommits gives no undertakings, representations, or warranties in relation to properties sold or listed on the Online Platform including:
18.104.22.168. As to the ownership of the property;
22.214.171.124. As to any legal issues with the property;
126.96.36.199. As to the accuracy or truth of listings;
188.8.131.52. That any property listed will meet your expectations or requirements; or
184.108.40.206. About the ability of members to finance a purchase or otherwise complete a transaction.
4.1.8. Any disputes between you and another member are to be resolved between you and that member. You undertake not to involve, or attempt to involve, Hommits in any such dispute or the resolution of such dispute.
4.1.9. We do not make any warranties as to the costs that you may incur in respect of any transaction that are outside the Services offered on this site or statements made by members (for legal, accountancy, tax, valuation, financing, building inspections or other matters). We encourage you to obtain professional advice in respect of all matters relevant to your transaction to make sure you have a successful outcome without any unwelcome surprises.
5. Hommits's liability
5.1. To the maximum extent permitted by law Hommits excludes any and all liability and responsibility to you or any other person under or in connection with the Services, the Online Platform, these Terms and Conditions, any members actions or omissions or your ability to access and use the Online Platform or Services regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Hommits's liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
6. Your indemnity and liability
6.1. You agree to release, hold harmless, indemnify and keep indemnified Hommits from and against all damages, losses, liabilities actions, claims, costs (including legal costs and expenses), proceedings, or demands suffered or incurred by Hommits to any person arising out of or in connection with your failure to comply with these Terms and Conditions or any action or omission related to your property or advertisement of your property as a seller or your interaction with or agreement with a seller if you are a buyer.
6.2. You acknowledge and agree that you will be solely responsible for ensuring that your use of the Online Platform and Services complies with all laws and regulations that are applicable to you.
6.3. Hommits retains the right to take whatever action it thinks is appropriate in it’s sole discretion if you breach these Terms and Conditions.
7. Registration as a member
7.1. In order to take advantage of the Online Platform you will need to register. You must provide accurate information about yourself and agree to our verification process. You must be at least 18 years old to register and you undertake by registering that you have the capacity to enter a legally binding contract with us and any person to whom you interact with on the Online Platform.
7.2. Becoming a member is free of charge.
7.3. By registering as a member you give express permission to Hommits to take details of your IP address as part of the other data which we ask you to input. You give Hommits express permission to do so.
7.4. You must keep all your account information, user names and passwords secret and do not disclose the details to anyone. If any of your personal information changes you must update your profile immediately.
7.5. Hommits reserves the right to decline to register or to terminate your membership at its sole discretion. Hommits may terminate your membership because of your breach of the Terms and Conditions or your inappropriate behavior on the platform or because your membership is creating technical or other disruption to or difficulty for the Online Platform of Hommits’s business.
8. Benefits of your membership
8.1. Hommits will send you administration emails relating to your membership and use of the Online Platform and Services.
8.2. Hommits will also send you emails to show you how Hommits can assist you further, to provide electronic newsletters, to share properties that you may be interested in based on your profile and for promoting and marketing other Hommits Services. You will be able to update your communication preferences by logging into the Online Platform.
8.3. Our proprietary Hommits software measures the engagement of our users with the Online Platform. We then use this information to recommend property/blog content to you via email or text and notifications on the Online Platform (based on your preferences).
8.4. Each email communication will contain clear and obvious instructions for how you can update your communication preferences (including unsubscribing from marketing communications).
9. Your obligations for use of the online platform and services
9.1. You must only use the Services and the Online Platform for a purpose related to the purchase or sale of property, including to buy, sell, offer to buy, offer to sell or organise to inspect any property.
9.2. You must not:
9.2.1. use the Online Platform to contact any member unless you are a genuine potential buyer or seller of a property being advertised on the Online Platform;
9.2.2. use the Online Platform to promote or sell your own business or commercial interests (such as by seeking to advertise your own services to other members);
9.2.3. plan or engage in any illegal activity using the Online Platform;
9.2.4. collect, ‘scrape’ or otherwise store any content or any personal information on any other members or users;
9.2.5. register with or portray a false identity;
9.2.6. interfere or attempt to interfere with the Online Platform or any systems or processes related to the Online Platform or any third party website or system linked to the Online Platform, or any other user or member’s data or use of the Online Platform (including through automated or unauthorized means);
9.2.7. upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Online Platform (or any part thereof), or any other computer software or hardware;
post, email, transmit, store, upload, download, or otherwise make available any content that is untrue, misleading, unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, offensive, invasive of another’s privacy, or otherwise objectionable;
9.2.8. stalk, harass, threaten or harm any other person;
9.2.9. restrict, inhibit or interfere with any other user or member’s use or enjoyment of the Online Platform;
9.2.10. engage in any copyright infringement or other intellectual property infringement (including uploading any content that you do not have the right to upload) or disclose any trade secret or confidential information in violation of any obligation of confidentiality you have to any person or organisation; or
9.2.11. communicate, send, email, transmit or otherwise make available any unsolicited or unauthorised email messages, advertising, promotional materials, junk mail or spam.
9.3. Your obligations as a seller are as follows:
9.3.1. You will only create listings that contain accurate, current and complete information. You must be the owner of the property (unless you get permission in writing from Hommits). You must not be a licensed real estate agent or any other person carrying out an agency service or business service on behalf of the owner.
9.3.2. You will only place listings in good faith for properties that are to be sold, and that you are legally entitled to sell.
9.3.3. You must ensure you hold the copyright or are otherwise licensed to use any images you add to your listings. To protect your images, we may watermark with our logo any images you upload to your listings.
9.3.4. Your listing may contain a URL for another website that contains further information on the property you have listed. However, this other website must not offer any items for sale, or contain contact details.
9.4. Your obligations as a buyer are as follows:
9.4.1. Your interaction with the Online Platform and other members must be carried out in good faith and with genuine intentions.
9.4.2. You agree to your username being publicly shown on the Online Platform.
10. Fees and accounts
10.1. At this stage there are no fees for utilizing the Hommits Online Platform. Hommits will introduce fees at some point in the future. We will notify you in advance if fees become payable and provide you with the option to discontinue your use of our Online Platform or any Services which are currently free of charge.
10.2. To the extent there are any fees for Services provided as at the date of this version of the Terms and Conditions the terms of these shall be clearly specified at the time you sign up to use such Services.
11. Intellectual property
11.1. You acknowledge and agree that we and our Licensors own all legal right, title and interest in and to the Online Platform and all intellectual property found within the Online Platform, including but not limited to all trademarks, word marks, copyright, data, database rights, graphics, user interfaces, processes, scripts, logos, sounds, music, artwork, videos, computer code, software, and other intellectual property rights in the content and materials included on the Online Platform, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations (as well as the organisation and lay out of the website) (“Hommits IP”), subject to paragraph 11b.
11.2. Content loaded onto the Platform by you (for example text and photos) will remain your intellectual property and by uploading such content you grant Hommits a non exclusive, royalty free licence in perpetuity to use such data, text and graphics to provide the Services.
11.3. You further agree that the Online Platform contains proprietary and confidential information that is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will use such information in accordance with these Terms and Conditions.
11.4. Nothing in these Terms and Conditions will, or is intended to be construed to, convey to you any interest, title or licence in any part of the Online Platform or Hommits IP (including a Hommits logo, trademark, word mark, username, password or similar material used by you in connection with the Online Platform). You must not remove or hide any trademark, logo, wordmark or other reference to Hommits IP from content downloaded, uploaded, linked to or copied from the Online Platform.
11.5. You agree not to (and not to permit anyone else to) copy, modify, rent, loan, distribute, create a derivative work of, reverse engineer, decompile, or otherwise attempt to discover the source code of, sell, lease, sub-licence, assign, grant a security interest in or otherwise transfer any right in the Hommits IP.
12. Personal information
13. General provisions
13.1. We accept no liability for any failure by us to comply with these Terms and Conditions where such failure is due to circumstances beyond our reasonable control.
13.2. If we do not exercise or enforce any right available to us under these Terms and Conditions, or we delay in taking such action it does not constitute a waiver by us of those rights.
13.3. To the extent possible, any part of the Terms and Conditions that becomes or is held to be invalid or unenforceable will be read down and construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties. If any provision of the Terms and Conditions is found to be wholly void, unlawful or unenforceable for any reason, then the portion of the provision which creates the invalidity, unlawfulness or unenforceability will be severed from the Terms and Conditions and will not otherwise affect the validity and enforceability of any remaining provisions.
13.4. The laws of the USA govern these Terms and Conditions. You submit to the non-exclusive jurisdiction of the Courts of the USA.