HomiZone Terms & Conditions of Usage

HOMIZONE STAYS PRIVATE LIMITED (hereinafter referred to as “HOMIZONE”) is concerned about the usage by its Users (hereinafter referred to as “USER”), of its Website (“Website”) located at www.homizone.com , its products and services has provided this Terms of Use statement (hereinafter referred to as “TOU”) to familiarise the User with it.

Acceptance of Terms

The services that HomiZone provides to User are subject to the following TOU. HomiZone reserves the right to update the TOU at any time without notice to User.

  1. This Agreement, which incorporates by reference other provisions applicable to use of Website, products & services, including, but not limited to, terms and conditions set forth hereof governing the use of certain specific material contained in Website, sets forth the terms and conditions that apply to use of the Website, products & services by User. By using HomiZone’s Website, Products and Services it offers including products, download areas, communication forums and services (Collectively “Services”), User agrees to comply with all of the terms and conditions hereof. The right to use the Website is personal to User and is not transferable to any other person or entity. User is responsible for all use of User’s Account (under any screen name or password) and for ensuring that all use of User’s Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User’s password(s), if any.
  2. HomiZone shall have the right at any time to change or discontinue any aspect or feature of the Website, its products & services , including, but not limited to, content, hours of availability, and equipment needed for access or use.
  3. The ownership of any product taken from homizone on subscription basis will always be with homizone or its respective partners, until otherwise transferred by homizone in writing.

Changed Terms

HomiZone shall have the right at any time to change or modify the terms and conditions applicable to User’s use of the Website, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on Website, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of Website by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.

Description of Services

Through its Website, HomiZone provides User with access to variety of resources, and services such as listing the User’s property for the purpose of rent/lease/license, posting User’s requirement for a house/property for rent/lease/license, preparing rental agreements, collecting monthly rent, collecting utility payments, collecting internet & other subscription based payments, collecting security deposit, manage maintenance requests for User’s property, payment reminders, issue of invoices & receipts on sellers behalf, collecting and disbursing payments on user’s behalf etc. The services, including any updates, enhancements, new features, and/or the addition of any new Website, are subject to the TOU.

Description of Products

Through its Website, HomiZone provides User with access to variety of products, ranging from IOT based devices e.g. digital locks, Smart sockets, CCTV cameras etc. to wifi routers, set top boxes, Ac’s, RO, Air purifiers along with other electronics and furnishings on subscription basis, at times directly or through it partner networks. During the subscription period, the ownership of the products and its data will always be with homizone or its partners, unless otherwise transferred to the user in writing.

KYC POLICY

It is mandatory for all users to complete all the required information in their user profile. These information include, not limited to, Name, Email Id, Phone number, Permanent Address, Proof of employment (if applicable), Proof of education, Government approved ID’s, emergency contacts, bank details etc. as applicable.

The user will only be allowed to BOOK or REQUEST TO BOOK or ACCESS any of our HomiZone homes after completion of all mandatory fields of his/her user profile.

Unsolicited Idea Submission Policy

HomiZone or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when HomiZone’s products or marketing strategies might seem similar to ideas submitted to HomiZone. If such unsolicited ideas are sent, despite our request that you should not send us your ideas, please understand that HomiZone makes no assurances that your ideas and materials will be treated as confidential or proprietary.

MONITORING TERMS

HomiZone shall have the right but not the obligation, to monitor the content of the website, including chat rooms, logs, access controls and forums, to determine compliance with this agreement and any operating rules established by HomiZone and to satisfy any law, regulation or authorised government request. HomiZone shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on Website. Without limiting the foregoing, HomiZone shall have the right to remove any material that HomiZone in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

Intellectual Property

All copyrights and trademarks held by HomiZone with respect to its logos, products, services and content posted on the Website by HomiZone etc. are the intellectual properties of HomiZone and all rights are reserved on the same.

Member Account, Password and Security

If any of the Services requires User to open an account, User must complete the registration process by providing HomiZone with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of User’s password and User’s account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify HomiZone immediately of any unauthorised use of User’s account or any other breach of security. HomiZone will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge .However, User could be held liable for losses incurred by HomiZone or another party due to someone else using User’s account or password. User may not use anyone else’s account at any time, without the permission of the account holder.

User Conduct

  1. User shall use Website for lawful purposes only. User shall not post or transmit through Website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law. Any conduct by User that in HomiZone’s discretion restricts or inhibits any other User from using or enjoying the Website will not be permitted. User shall not use Website to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of Users to become subscribers of other on-line information services competitive with HomiZone.
  2. Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to text, software, photos, videos, graphics, music and sound, and the entire contents of the Website are copyrighted as a collective work under the Trademark and Copyright laws of India. HomiZone owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part.
  3. User shall not upload, post or otherwise make available on Website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.

Use of Services

The Services may contain email services, chat areas, forums, personal profile pages, photos, and/or other message or communication facilities designed to enable User to communicate with others (each a “Communication Service” and collectively “Communication Services”). User agrees to use the Communication Services only to post, send and receive messages and material that are proper and when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not use the communication services for surveys, junk emails, etc.; Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others; Commit an act including, but not limited to publishing, posting, uploading inappropriate, profane, obscene photos, videos or any other material or information that is unlawful under the laws of India; Use any material or information that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party; upload files that contain viruses; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages; Download any file posted by another user of a Communication Service that User knows, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed.

HomiZone reserves the right to review materials posted to the communication Services and to remove any material in its sole discretion. HomiZone reserves the right to terminate User’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. HomiZone reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in HomiZone’s sole discretion.

Users are advised to use caution when giving out any personally identifiable information in any Communication Services. HomiZone does not control or endorse the content, messages or information found in any Communication Services, and therefore, HomiZone specifically disclaims any liability with regard to the Communication Services and any actions resulting from User’s participation in any Communication Services. Managers and hosts are not authorized HomiZone spokespersons, and their views do not necessarily reflect those of HomiZone.

Disclaimer regarding Software, Documents and Services available on this Website

In no event shall HomiZone, its representatives, partners and/or its respective suppliers shall be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of performance of software, documents, provision of or failure to provide services, or information available from the services.

Details provided to HomiZone or Posted at any of its Websites

HomiZone does not claim ownership of the materials User provides to HomiZone (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community (each a “Submission” and collectively ‘Submissions’). However, by posting, uploading, inputting, providing or submitting (“Posting”) User’s Submission User is granting HomiZone and its affiliated companies permission to use User’s Submission in connection with the operation of their Internet businesses including, without limitation, the licenses rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Submission; to publish User’s name in connection with User’s Submission; and the right to sublicense such rights to any supplier of the services.

DIRECT BOOKING POLICY

On HomiZone’s website i.e. www.homizone.com each host have the option of enabling or disabling the direct booking feature.

  1. This feature when enabled, allows the customers/tenants to book the respective home directly without the need of hosts approval.
  2. This feature when disabled, allows the customers/tenants to Request booking for respective home, in this case, the Customer/tenant will only be allowed to proceed with the booking after the respective hosts approval.
  3. The home owner or host choose these options & products based on their convenience and requirements. Here, the home owner is solely responsible for their decision. In case of any theft or legal issue, the home owner agrees that homizone its representatives, affiliates or partners will never be held responsible. Homizone is in the business of providing technology enabled products and services, it use, effects and outcomes are the responsibility of the user using them.

The Home owner can enable or disable this feature at any point in time on his/her own discretion.

DIRECT VISIT POLICY

On HomiZone’s website i.e. www.homizone.com each host have the option of enabling or disabling the direct visit feature.

  1. This feature when enabled, allows the customers/tenants to schedule direct visits to respective home directly without the need of hosts approval. In this case, users will get access to respective home for the time interval of the visit.
  2. This feature when disabled, allows the customers/tenants to Request visit for respective home, in this case, the Customer/tenant will only be allowed to proceed with the booking after the respective hosts approval. Post approval the customer will get access to the respective home for the time interval of visit.
  3. The home owner or host choose these options & products based on their convenience and requirements. Here, the home owner is solely responsible for their decision. In case of any theft or legal issue, the home owner agrees that homizone its representatives, affiliates or partners will never be held responsible. Homizone is in the business of providing technology enabled products and services, it use, effects and outcomes are the responsibility of the user using them.

The Home owner can enable or disable this feature at any point in time on his/her own discretion.

NOTICE PERIOD POLICY

Notice period means the minimum No of days prior to which a customer is required to notify their home owner before vacating the premises. Only applicable in case of long term rentals.

All long term rental homizone homes have a fixed minimum notice period of 15 days. It will be the same in every case, until mentioned explicitly by the home owner is the signed agreements.

MINIMUM LOCKIN PERIOD POLICY

Lock-in period means the minimum Number of months a user is required to stay in a home, before they can vacate, in order to avoid penalties. It is applicable & counted from the rent start date.

There is no fixed lock-in period. The users are required to choose their own minimum lock-in period based on which their monthly rental is charged.

SECURITY DEPOSIT POLICY

Homizone only collects security deposit on behalf of the home owner from the users and pays the same to the home owner. This deposit amount is non-adjustable, but refundable and interest free in nature. This amount is decided by the home owner and is mostly in multiples of monthly rent. The deposit amount of all homes are specified clearly on the listing page and rent agreements of the respective home.

It is clearly stated here, that deposit amount is always held by the home owner, which he/she must refund once the customer/tenant vacates the premises, within due time.

REFUND TERMS & POLICY

  1. BOOKING AMOUNT - Booking amount is non-refundable in case of long term rentals. Because Once a user confirms his booking, the respective home becomes unavailable for booking by other users. In this case, if the same user cancels the booking, the host becomes liable to loose business in the form of 10 days rent and visibility. The booking amount serves as the compensation for the respective loss.
  2. DEPOSIT AMOUNT - We ensure that deposit amount is refunded back to the user within 7-10 working days, after required deductions, from the date of user vacating the premises, considering the home owner and local authority or association are all available & cooperating. However, the refund of deposit amount is the responsibility and liability of the home owner only, homizone only facilitates the refund process via its web platform.
  3. WRONG DEDUCTION - In case, you payment has failed but the money has been deducted from your account, or any amount which has been mistakenly deducted from your account will be refunded back into you within 3 working days.

PENALTY & DEDUCTIONS

  1. Breach of lock-in period - If a user fails to complete the specified lock-in period for the respective home, they will be charged a penalty of amount equivalent to one-month rent, and the remaining, if any, will be refunded back to them after necessary deductions, if any.
  2. Notice period shortfall - If a user fails to ensure the minimum tenure for notice period, they will be charged an amount equivalent to the rent for the number of days on notice short fall, on pro rata basis, as penalty and the remaining amount will be refunded back to them after necessary deductions, if any.
  3. Written complaint from authorities - In this case, the home owner or its representative shall deduct INR 10,000 from the deposit amount and ask the tenant to vacate the premises immediately or with a 1 week notice. The remaining amount will be refunded back to them after necessary deductions, if any.
  4. Damages - This refers to the damages done by the user on the respective property. The details of the same will be specified on the signed agreements. This amount is calculated & quoted by the assessment of respective vendors who are assigned for repair work. The remaining amount will be refunded back to them after necessary deductions, if any. For the purpose of clarity, it is herby stated, that homizone is only liable to provide vendors to the home owner related to repair work, the final negotiation and the decision to finalise the vendor is always done by the home owner. Homizone or its affiliates can only propose the deductions. Final work & amount is always finalised by the home owner.

CANCELLATION POLICY

Cancellation by user - In cases where the user has paid the booking amount, but want to cancel the booking request. They can do the same from booking requests section. But the booking amount is non-refundable in this case.

Auto cancellation - For cases, in which the user has paid the booking amount, but fails to pay the final amount 48 hours prior to the rent start date, such booking will be auto cancelled by the system and the amount will be forfeited. However, in special cases, where the user wants to re book the same home and its available, user must contact our support team, they might be able to get you previous amount adjusted. Please note, this does not make that they are obligated to do this, all our team can do is try.

INVOICE & BILLING POLICY - It is to clarify that as a marketplace, homizone does not charge any commission to the buyers i.e. the customers. We only charge commission from the sellers i.e. the home owners or other vendor partner or affiliates. This means, homizone facilitates selling of products and services for sellers, collects & disburses payments on their behalf and charges commission in exchange.

Due to this reason homizone always share payment receipts with the buyers and if the seller has shared a Tax invoice it will be attached in the same mail. Homizone raises a tax invoice towards the seller for the commission changed.

AGREEMENT EXECUTION & POLICE VERIFICATION POLICY

Only applicable in case of long term rentals. It is the responsibility of homizone to get the rent agreement signed and police verification of the tenants, at zero cost. The rent agreement mentioned earlier, refers to the leave and license agreement which is signed digitally on homizone’s web platform, on a stamp paper of value , upto a maximum, of INR 100. In cases, where notarised or registered agreements are required, charges will be applicable.

LICENSE START DATE POLICY

It refers to the date from which the rent of that particular home has to start. This date is chosen by the user only. It can only be a day, within the next 10 days, from the date of booking.

Monthly BILLING CYCLE POLICY

It starts from the 1st day of every month and ends on the last day of the same month. It remains the same for every long term rental home.

MONTHLY DUE PAYMENT POLICY

The users are required to clear the monthly dues on or before the respective due dates. Post which late payment charges on daily basis will be applicable.

MONTHLY DUE INCLUSIONS & EXCLUSIONS POLICY

Things included & excluded in the monthly dues will be clearly mentioned on the listing page along with the agreements signed. Anything in this regard which is not present in the agreements will not be consider at any point in future.

LATE PAYMENT POLICY

Late payments charges of INR 100 /day is applicable post the due date on every invoice. However, homizone can change the amount at any time in future, with or without a notice to the users.

HOME OWNER DISCLAIMER

The home owner authorises homizone to collect and disburse all payments related to their respective rental home.

By accepting this agreement, the home owner/host accepts and confirms that all payments done by their tenants related to their rental home, its utility and maintenance will be done through homizone only. The home owner confirms that he/she will not accept any payments related to their respective home, directly or via any other payment mode.

CUSTOMER/TENANT DISCLAIMER

By accepting this agreement the user confirms that he/she shall make all payments related to respective rental home, its utility and maintenance via homizone only.

PROPERTY MANAGEMENT TERMS

In cases, where home owner has asked or choose a plan for a dedicated property manager. Homizone will facilitate the entire process and assign a property manager to the same person for their respective home.

SAFETY AND SECURITY
  1. HomiZone homes are located in various cities across India in reputed societies and localities. In order to maintain a peaceful environment of the Society/Locality, nuisance or misconduct of any kind including but not limited to playing loud music beyond the permitted time limit, drinking/smoking in society corridors/ premises and consumption of illegal and banned substances are not allowed in HomiZone homes.
  2. Internal issues/ fights among the tenants are better resolved among roomies. Involvement of HomiZone is not beneficial and hence undesirable.
GUEST HOSTING POLICY
  1. The tenant shall be held responsible for the conduct of his/her guests in the premise & its consequences thereafter. Any financial losses incurred shall be borne by the tenant.
  2. All points specified in the “GUEST HOSTING POLICY” section of the Lease or License agreement will be applicable.
THEFT & DAMAGE POLICY
Personal Belongings
  1. The tenant shall be responsible for his/her belongings in the Scheduled Premise and neither the Host nor HomiZone or its vendors shall not be held liable/ responsible for the same.
Home Furnishing
  1. In the case of theft/loss and damage of any furnishing or appliance or furniture in the home, all the tenants staying at the scheduled premises at that point of time shall be held responsible.
  2. A reasonable sum shall be deducted from security deposit of tenants towards compensation of the loss/ theft and damage or an amount as mentioned in cancellation & refund policy. In case the recovery amount exceeds the security deposit, the tenants shall be liable to pay the amount.
  3. We shall not be responsible for any theft or accidental damage to your valuables in case of an untoward incident.

Disclaimer of Warranty- Limitation of Liability

  1. User expressly agrees that use of the Website is at User’s Sole risk. Neither HomiZone, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that the Website will be uninterrupted or error free; Nor do they make any warranty as to the results that may be obtained from the use of the website, or, as to the accuracy, reliability or content of any information, service, or merchandise provided through the website.
  2. Website is provided on an “As is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this Agreement.
  3. This disclaimer of liability applies to any damages or injury caused by any failure of performance error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorised access to, alteration of or use of record, whether for breach of contract, tortious behaviour, negligence, or under any other cause of action. User specifically acknowledges that HomiZone is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with the User.
  4. In addition to the terms set forth above, HomiZone, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in the information contained within the website, or for any other claims or losses arising therefrom or occasioned thereby.

Agreement Between Home Owner and customer/Tenant

The agreement signed between the home owner & customer shall be treated as an extension of the terms and conditions agreed here by both the parties on homizone’s web platform. It should always considered as an extension of this agreement, where the policies and terms of use of homizone has been agreed first, post which the other agreement has been signed.

Indemnification

User agrees to defend, indemnify and hold harmless HomiZone, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorney’s fees, arising out of the use of HomiZone by user or User’s Account.

Termination

Either HomiZone or the User may terminate this Agreement at any time. HomiZone shall have the right to immediately terminate the User’s Account in the event of any conduct by User which HomiZone, in its sole discretion, considers to be unacceptable, or in the event of any breach by the User of this Agreement.

Indemnification

This Agreement and any operating rules for HomiZone established by HomiZone constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of India.