Homeppl Terms of Service
Homeppl, Ltd. (“Homeppl”, or “us”, “our”, “we”) provides an Internet platform for creating and sharing profiles for the property rental market (the “Platform”). These Terms of Service (“Terms”) govern your access and use of the Platform. “You” means a user of the Platform, whether you are accessing the Platform through the Internet website of a third party or through the Internet website of Homeppl (the “Site”).
These Terms address use of the Platform by both individuals seeking rental units for their own use (“Renters”) as well as individuals and landlords that are using the Platform in order to review the profiles of Renters (“Landlords”). In these Terms, Renters and Landlords may be referred to together as “users.”
Use of Platform
Homeppl allows you to access and use the Platform subject to these Terms. You may not create more than one account per individual or entity, and you may not access any account other than your own. Homeppl may, in its sole discretion and at any time, discontinue providing the Platform or any part thereof without notice. Homeppl currently provides Renters and landlords with access to the Platform at no charge, but reserves the right in the future to change this policy at any time.
Use of and access to the Platform is not allowed where prohibited by law. By using the Platform, you represent and warrant that (a) any and all registration and biographical information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you either are 18 years of age or older, or else have the permission of your parents or guardians to use the Platform and (d) your use of the Platform does not violate any applicable law or regulation or any obligation, including without limitation any law or regulation in your geographical area.
To use the Platform, you must register with Homeppl, either by providing the requested information or, for Renters, by connecting through Facebook, Linkedin, or another social network as allowed by Homeppl in its discretion. When you complete the registration process, you create a Homeppl account. Homeppl reserves the right to refuse to allow any user to open an account for any reason at its sole discretion. You may not provide false information during the registration process. If you use a social network to create an account, you represent and warrant that you have the right to provide the information in such social network account to Homeppl. You understand that by using a social network to access the Platform that such social network will provide Homeppl with some information concerning you, as per the policies of that social network.
You should not reveal your password to others. Homeppl will not ask you to reveal your password. If you forget your password, you can request to have a new password sent to your registered e-mail address. Your account is at risk if you let someone use it and your account is subject to termination if you or anyone using your account violates these Terms. If your account is terminated, you may not rejoin Homeppl again without our express permission.
You agree to immediately notify Homeppl of any unauthorized use of your account or password. You are fully and solely responsible for the security of your mobile device, computer system and all activity on your account, even if such activities were not committed by you. Homeppl will not be liable for any losses or damage arising from unauthorized use of your account or password, and you agree to indemnify and hold Homeppl harmless for any improper or illegal use of your account, including but not limited to any mail sent and any charges and taxes incurred, unless you have notified us via e-mail to your account has been compromised, and have requested us to block access to it. We do not police for, and cannot guarantee that we will learn of or prevent, any inappropriate use of the Platform.
Homeppl may check any information you provide against other publicly-available information on the Internet in order to verify your identity. You agree to such checks by Homeppl, but Homeppl has no obligation to perform such checks.
Termination of Account
You agree that Homeppl may for any reason, in its sole discretion and without notice, terminate your account. Grounds for such termination may include (i) extended periods of inactivity, (ii) violation of the letter or spirit of these Terms, (iii) fraudulent, harassing or abusive behavior, or (iv) behavior that is harmful to other users, including potential hosts or guests, third parties, or the business interests of Homeppl. Homeppl reserves the right to promptly terminate any account that includes false, fraudulent or inaccurate information. Homeppl may choose to inform you of the termination of your account, but has no obligation to do so.
If Homeppl believes, in its sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior on the Site or committed with the Platform. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or behavior of anyone believed to have violated these Terms or to have engaged in illegal behavior on the Site or committed with the Platform. You may request termination of your Homeppl account at any time and for any reason by sending an email to firstname.lastname@example.org.
Termination of your account may result in Homeppl removing any or all Content (as defined below) associated with your account. At the same time, Homeppl does not require Landlords that have accessed your information to delete all such information after termination of your account. Any suspension, termination, or cancellation shall not affect your obligations to Homeppl and its licensors under these Terms (including but not limited to intellectual property, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation.
If you are a Landlord, you agree that you shall not use any information of Renters provided through the Platform except for the sole purpose of evaluating the suitability of such Renter for renting a rental unit under your control. You shall not use the information of any Renter acquired through the Platform for any other purpose, and you shall not provide such information to any third party. If you are required by law or regulation to disclose such information, you shall notify both us and the applicable Renter of such requirement, and make reasonable commercial efforts to challenge such requirement and minimize the disclosed information.
Homeppl and its licensors own the Platform, including all worldwide intellectual property rights in the Platform, and the trademarks, service marks, and logos contained therein.
Except as expressly permitted herein, you may not copy, further modify, duplicate, distribute, display, perform, sublicense, republish, retransmit, reproduce, create derivative works of, transfer, sell or otherwise use the Platform or any Content (as defined below) appearing in the Platform. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Platform. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of Homeppl or any third party.
You may not or attempt to (a) decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Platform; (b) circumvent, disable, or otherwise interfere with security-related features of the Platform or features that prevent or restrict use or copying of any Content; (c) use the Platform and/or Content in connection with any commercial endeavors in any manner, except your own evaluation of the rental or lease of properties through the Platform; (d) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or Content; (e) harvest, collect or mine information about other users of the Platform or Content; or (f) use or access another user’s account or password.
User Information and Communications
Both Renters and Landlords may make available certain content or information through the Platform For example, Homeppl lets Landlords post information about their properties and allows Renters to post personal and biographical information and documents about yourself and others. Homeppl may allow other third parties, such as former roommates, to post reviews and ratings of other users. We refer to all such content and information as “Content.”
Homeppl has no obligation to accept, display, review or maintain any Content. Moreover, Homeppl reserves the right to delete or remove Content from the Platform without notice for any reason at any time, though Homeppl will notify Renters if any removed Content significantly impacts their profile.
Certain third parties may be permitted to post reviews or comments on the profile of Renters. For example, individuals that Renters have indicated were past roommates and past landlords may be permitted to post reviews on profiles. Homeppl will make efforts to notify Renters if a third party has posted reviews or comments on its profile, though such messages may not always be provided due to your own profile settings or the policies of third parties, such as the policies of your Internet Service Provider. As such, you should check your profile frequently in order to determine whether any third party has reviewed your profile. Homeppl allows you to delete such third party content, but the Platform will indicate if you have deleted any information that was posted on your profile by a third party. You may delete such third party reviews, but the Platform will indicate that such reviews have been deleted.
HOMEPPL DOES NOT ENDORSE ANY CONTENT OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED BY ANY USER AND HOMEPPL EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH CONTENT. HOMEPPL DOES NOT ENDORSE OR RECOMMEND ANY PARTICULAR RENTER, LANDLORD OR PROPERTY.
You are fully and solely responsible for any Content you submit or post. You will not post any Content if posting that Content will violate any applicable law or regulation, or breach any commitment you have made to a third party.
In addition, you agree that you will not act in any way or transmit or post any Content that: (a) restricts or inhibits use of the Platform; (b) solicits another person’s password or other personal information under false pretenses; (c) impersonates another individual or otherwise misrepresents yourself in any manner; (d) infringes (or results in the infringement of) the intellectual property, moral, publicity, or privacy rights of any third party; (e) is (or you reasonably believe or should reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; (f) does not comply with all applicable laws, rules, or regulations, including obtaining all necessary permits, licenses, registrations, etc. (in the case of any proposed or actual transaction, “applicable” refers to both your own location and to location(s) of all other parties to the transaction); or would cause Homeppl to be in violation of any law or regulation, or to infringe any right of any third party; (g) contains falsehoods or misrepresentations that may damage Homeppl or any third party; (h) imposes an unreasonably or disproportionately large load on our infrastructure; or (i) posts, stores, transmits, offers, or solicits anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following: (i) material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes or items associated with such an entity), (ii) material that is racially or ethnically insensitive, material that is defamatory, harassing or threatening, (iii) pornography (including any obscene material, and anything depicting children in sexually suggestive situations whether or not depicting actual children) or may be harmful to a minor, (iv) any virus, worm, Trojan horse, or other harmful or disruptive component or (v) anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate.
Homeppl may choose at its sole discretion to monitor Content for inappropriate or illegal behavior, including through automatic means; provided, however, that Homeppl reserves the right to treat Content as content stored at the direction of users for which Homeppl will not exercise editorial control except when violations are directly brought to Homeppl’s attention.
By submitting or posting any Content, you represent and warrant that such Content is correct and accurate. In addition, you grant Homeppl and its successors and assigns a worldwide, non-exclusive, royalty-free, perpetual, sub-licensable and transferable license under any of your intellectual property, moral or privacy rights to use, copy, distribute, transmit, modify, prepare derivative works of, publicly display, and publicly perform such Content on, through or in connection with the Platform in order for Homeppl to provide services through the Platform.
Homeppl respects the intellectual property rights of others and expects its users to do the same. Homeppl will remove all infringing Content if properly notified that it infringes third party intellectual property rights, and may do so at its sole discretion, without prior notice to users at any time.
Under the Digital Millennium Copyright Act of 1998 (the “DMCA”), it is our policy to respond expeditiously to copyright owners who believe material appearing on the Platform infringes their rights. If you believe that something appearing on the Platform infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked. If you believe that such a notice has been wrongly filed against you, the DMCA lets you send us a counter-notice. It is Homeppl policy to determine whether it is appropriate to terminate the account of repeat infringers, taking all facts and circumstances into account. Notices and counter-notices must meet the DMCA’s requirements. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. Send notices and counter-notices to our copyright agent: email@example.com.
Disclaimers & Disclaimer of Warranty
Homeppl intention is that use of the Platform will assist Renters in obtaining lower rental prices. However, Homeppl cannot and does not guarantee that use of the Platform will result in lower rental prices or any other fees. The Platform and/or Content are provided on an AS IS and AS AVAILABLE basis without warranties of any kind from Homeppl. HOMEPPL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE Platform AND/OR CONTENT, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. HOMEPPL DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE Platform AND/OR CONTENT; OR (II) THAT THE Platform WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE Platform.
Content on the Platform originates from a variety of sources, as well as feedback from other users of the Platform. HOMEPPL DOES NOT WARRANT THAT ANY INFORMATION OR DATA AVAILABLE THROUGH THE PLATFORM IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. HOMEPPL IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON OR TRANSMITTED THROUGH THE PLATFORM, INCLUDING BY ANY USERS. HOMEPPL CANNOT AND DOES NOT ACCEPT ANY LIABILITY FOR ANY RELIANCE BY YOU ON SUCH INFORMATION, AND YOU SHOULD TAKE APPROPRIATE STEPS TO INDEPENDENTLY CONFIRM ANY SUCH INFORMATION. We reserve the right to correct any errors, inaccuracies or omissions in the Content information at any time without prior notice.
You understand that Homeppl is not responsible for the accuracy, usefulness, safety, appropriateness of or infringement by any Content available on the Platform. Although users must agree to these Terms, it is possible that other users (including unauthorized users) may post or transmit inaccurate, offensive or obscene materials that may impair your profile or which may cause you offense. As such, you should always be sure to check your profile for any third party Content and you should delete any Content that in your opinion impairs your profile or causes you offense. In addition, you hereby agree to waive, and do waive, any legal or equitable rights or remedies you have or may have against Homeppl with respect to thereto. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE PLATFORM OR OTHERWISE, AND INCLUDING WITHOUT LIMITATION ANY CONTENT POSTED BY ANY THIRD PARTY USERS, INCLUDING ANY CONTENT THAT MAY BE POSTED ON YOUR PROFILE.
It is also possible for others to obtain personal information about you due to your use of the Platform, including through any Content that you make available through your account. Anyone receiving or viewing Content may use your information (such as your contact details, biographical information or photographs) for purposes other than what you intended. We are not responsible for the use of any personal information that you disclose on the Platform. By making any such information available through the Platform you acknowledge that you understand and have agreed to such risks.
No advice or information, whether oral or written, obtained by you from Homeppl, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
Limitation of Liability
IN NO EVENT SHALL HOMEPPL OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE Platform OR CONTENT, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE Platform, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT HOMEPPL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL HOMEPPL'S CUMULATIVE LIABILITY TO YOU EXCEED AMOUNTS PAID BY YOU TO HOMEPPL FOR USE OF THE Platform. IF YOU HAVE NOT MADE ANY PAYMENTS TO HOMEPPL FOR THE USE OF THE Platform, THEN HOMEPPL SHALL NOT HAVE ANY LIABILITY TOWARDS YOU.
In addition to the foregoing, Homeppl assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Content. Homeppl is not responsible for any problems or technical malfunction of any telephone or cellular phone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Platform. UNDER NO CIRCUMSTANCES SHALL HOMEPPL BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE PLATFORM, FROM ANY CONTENT POSTED ON OR THROUGH THE PLATFORM, OR FROM THE CONDUCT OF ANY USERS OF THE PLATFORM, WHETHER ONLINE OR OFFLINE, OR IN CONNECTION WITH THE PROVISION OR ACCEPTANCE OF ANY SERVICES.
You agree to indemnify, defend, and hold harmless Homeppl and its respective employees, directors, officers, subcontractors and agents of each, against any and all claims, damages, or costs or expenses (including reasonable attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer or password; (b) any claim, loss or damage caused by you to the body, lodgings, furniture or other property (whether personal or real) of any other individual related to any accommodation services provided through the Platform; (c) your use of the Platform in violation of any law or regulation, including the use of the Platform is any jurisdiction where the provision or receipt of accommodation services hereunder may be prohibited; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under law. You agree that your use of the Platform, including, without limitation, provision of services in connection with the Platform shall be in compliance with all applicable laws, regulations and guidelines.
Third-Party Websites and Advertisers.
These Terms shall be governed by the law of the State of Israel exclusive of its choice of law rules. Your conduct may also be subject to other local, state, and national laws. Any action to be brought in connection with these Terms or the Platform shall be brought exclusively in the courts in Tel Aviv-Jaffa and you irrevocably consent to their jurisdiction. Any cause of action against Homeppl must be brought within one (1) year of the date such cause of action arose. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in this Agreement creates any agency, employment, joint venture, or partnership relationship between you and Homeppl or authorizes you to act on behalf of Homeppl. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between Homeppl and you pertaining to the subject matter hereof, and any and all other agreements existing between us relating thereto are hereby canceled. We may assign our rights and obligations hereunder to any third party without prior notice. You shall not assign any of your rights or obligations hereunder, and any assignment in violation of the foregoing shall be void. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If we are required to provide notice to you hereunder, we may provide such notice to the email account or account of any social networking site that you provided upon registration.