Houfy Terms of Service

Houfy
2 years ago
.
10 min read

These Terms of Service (“Terms”) are a contract between you and Houfy Corporation. They govern your use of Houfy's sites, services, and content (“Services”).

By using Houfy, you agree to these Terms. If you don’t agree to any of the Terms, you can’t use Houfy.

We can change these Terms at any time. If a change is material, we’ll let you know before they take effect. By using Houfy on or after that effective date, you agree to the new Terms. If you don’t agree to them, you should delete your account before they take effect, otherwise your use of the site and content will be subject to the new Terms.

1. Introduction

These Terms of Service, the Mobile Application Terms of Use, and all policies and additional terms posted on and in our sites, applications, tools and services (collectively "Services") set out the terms on which Houfy offers you access to and use of our Services. You can find an overview of our policies here. The Mobile Application Terms of Use, all policies and additional terms posted on and in our Services are incorporated into These Terms of Service. You agree to comply with all terms of These Terms of Service when accessing or using our Services.

The entity you are contracting with is:

For users outside the Designated Countries:

HOUFY Corporation - PO Box 8392 - Breckenridge, CO 80424 - USA

For users in the Designated Countries:

HOUFY Luxembourg Unlimited Company - 9 Rue Ordre de la Couronne de Chene - Luxembourg L-1361 - Luxembourg

We use the term “Designated Countries” to refer to countries in the European Union (EU), European Economic Area (EEA), and Switzerland. : You and Houfy Luxembourg agree that the laws of Luxembourg, excluding conflict of laws rules, shall exclusively govern any dispute relating to this Contract and/or the Services. You and Houfy Luxembourg agree that claims and disputes can be litigated only in Luxembourg, Luxembourg, and we each agree to personal jurisdiction of the courts located in Luxembourg, Luxembourg.

2. About Houfy

Welcome to Houfy!

Our mission is to connect people with places directly

Houfy is a market-network that allows members to offer, sell, rent and purchase a place mostly anywhere in the world. The actual contract for rent or for sale is directly between the members. Houfy is not a traditional property manager, agent or real estate broker.

Houfy builds technologies and services designed to promote places & grow businesses for our members by eliminating or reducing service fees/broker commissions or other fees related to property transactions.

We don’t charge you to use Houfy or the other products and services covered by these Terms. Instead, people, businesses and organizations pay us to show you ads for their places and services. By using our Products, you agree that we can show you ads that we think will be relevant to you and your interests. We use your personal data to help determine which ads to show you.

Any guidance we provide as part of our Services, such as pricing, listing, and sourcing is solely informational and you may decide to follow it or not. Also, Houfy has no control over and does not guarantee: the existence, quality, safety or legality of items advertised; the truth or accuracy of members content or listings; the ability of members to sell or rent properties; the ability of members to pay for rent or the property; or that members will actually complete a transaction or cancel their transaction.

What is a market network?

Houfy is a market network for the travel and real estate industries. At Houfy, members can list their property for rent or for sale as well as connect to members directly and share local information.

A market network is a new business model of an “enabling economy”.

The key attributes of Market Networks:

  • Combine the main elements of both social networks and marketplaces
  • Use SaaS workflow software to focus action around longer-term projects and relationships, not just a quick transaction (like Uber)
  • Promote the service provider as a differentiated individual, helping to build long-term business benefits
  • A market network elevates the person, their reputation, their value. (Social Network-Ratings)
  • Transaction fees are usually lowered and legal contracts are simplified (Blockchain)

Market networks have stronger retention and engagement than marketplaces. Market networks represent a different way to do business compared to sites like Airbnb or Uber that simply aggregate demand. In that model, neither the seller nor the customer matter. An Uber driver doesn’t know the customer and the customer doesn’t know the driver. They may never connect again.

4. Disclaimer and Limit of Liability

4.1 No Warranty

This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.

HOUFY AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, HOUFY AND ITS AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

4.2 Exclusion of Liability

These are the limits of legal liability we may have to you.

TO THE FULLEST EXTENT PERMITTED BY LAW (AND UNLESS HOUFY HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), HOUFY, INCLUDING ITS AFFILIATES, WILL NOT BE LIABLE IN CONNECTION WITH THIS CONTRACT FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA (E.G., DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT) OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES.

HOUFY AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THIS CONTRACT FOR ANY AMOUNT THAT EXCEEDS (A) THE TOTAL FEES PAID OR PAYABLE BY YOU TO HOUFY FOR THE SERVICES DURING THE TERM OF THIS CONTRACT, IF ANY, OR (B) US $1000.

4.3 Basis of the Bargain; Exclusions

The limitations of liability in this Section 4 are part of the basis of the bargain between you and HOUFY and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract and law) even if HOUFY or its affiliates has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.

These limitations of liability do not apply to liability for death or personal injury or for fraud, gross negligence or intentional misconduct, or in cases of negligence where a material obligation has been breached, a material obligation being such which forms a prerequisite to our delivery of services and on which you may reasonably rely, but only to the extent that the damages were directly caused by the breach and were foreseeable upon conclusion of this Contract and to the extent that they are typical in the context of this Contract.

5. Termination

We can each end this Contract, but some rights and obligations survive.

Both you and Houfy may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:

  • Our rights to use and disclose your feedback;
  • Members and/or Visitors’ rights to further re-share content and information you shared through the Services;
  • Sections 4, 6, 7, and 8.2 of this Contract;
  • Any amounts owed by either party prior to termination remain owed after termination.


Content rights & responsibilities

You own the rights to the content you create and post on Houfy.

Content is anything you write or upload to Houfy. This includes for members listing on our marketplaces: pictures & text.

By posting content to Houfy, you give us a nonexclusive license to publish it on Houfy Services, including anything reasonably related to publishing it (like storing, displaying, reformatting, and distributing it). In consideration for Houfy granting you access to and use of the Services, you agree that Houfy may enable advertising on the Services, including in connection with the display of your content or other information. We may also use your content to promote Houfy, including its products and content. We will never sell your content to third parties without your explicit permission.

You’re responsible for the content you post. This means you assume all risks related to it, including someone else’s reliance on its accuracy, or claims relating to intellectual property or other legal rights.

You’re welcome to post content on Houfy that you’ve published elsewhere, as long as you have the rights you need to do so. By posting content to Houfy, you represent that doing so doesn’t conflict with any other agreement you’ve made.

By posting content you didn’t create to Houfy, you are representing that you have the right to do so. For example, you are posting a work that’s in the public domain, used under license (including a free license, such as Creative Commons), or a fair use.

We can remove any content you post for any reason.

You can delete any of your posts, listing(s) or your account, anytime. We may keep backup copies of your deleted post, listing(s) or account on our servers for up to 14 days after you delete it.

Our content and services

We reserve all rights in Houfy's look and feel. Some parts of Houfy are licensed under third-party open source licenses. We also make some of our own code available under open source licenses. As for other parts of Houfy, you may not copy or adapt any portion of our code or visual design elements (including logos) without express written permission from Houfy unless otherwise permitted by law.

You may not do, or try to do, the following:

(1) access or tamper with non-public areas of the Services, our computer systems, or the systems of our technical providers;

(2) access or search the Services by any means other than the currently available, published interfaces (e.g., APIs) that we provide;

(3) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive, or false source-identifying information; or

(4) interfere with, or disrupt, the access of any user, host, or network, including sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of content or accounts in such a manner as to interfere with or create an undue burden on the Services.

Crawling the Services is allowed if done in accordance with the provisions of our robots.txt file, but scraping the Services is prohibited.

We may change, terminate, or restrict access to any aspect of the service, at any time, without notice.

No children

Houfy is only for people 16 years old and over. By using Houfy, you affirm that you are over 16. If we learn someone under 16 is using Houfy, we’ll terminate their account.

To use our marketplace(s) you will need to be 18 years and older.

Security

If you find a security vulnerability on Houfy, inform us.

Incorporated rules and policies

By using the Services, you agree to let Houfy collect and use information as detailed in our Privacy Policy. If you’re outside the United States, you consent to letting Houfy transfer, store, and process your information (including your personal information and content) in and out of the United States.

To enable a functioning community, we have Guidelines & Rules.

By using Houfy, you agree to follow these Guidelines, Rules and Policies. If you don’t, we may remove content, or suspend or delete your account.

Miscellaneous

Disclaimer of warranty. Houfy provides the Services to you as is. You use them at your own risk and discretion. That means they don’t come with any warranty. None expressed, none implied. No implied warranty of merchantability, fitness for a particular purpose, availability, security, title or non-infringement.

Limitation of Liability. Houfy won’t be liable to you for any damages that arise from your using the Services. This includes all types of damages (indirect, incidental, consequential, special or exemplary). In no event shall Houfy be liable for any claims, penalties, loss, damage or expenses, howsoever arising, out of or in connection with your use of the Services, including, without limitation, direct or indirect loss, consequential loss or damage, loss of profit or goodwill, loss of data, loss arising from use or inability to use the Services, loss arising from any errors or omissions in the Services as a result of breach of contract, negligence, delict. Nothing in these Terms of Service shall exclude or limit our liability for death or personal injury caused by negligence or for any liability which cannot be excluded or limited under applicable law.

No waiver. If Houfy doesn’t exercise a particular right under these Terms, that doesn’t waive it.

Severability. If any provision of these terms is found invalid by a court of competent jurisdiction, you agree that the court should try to give effect to the parties’ intentions as reflected in the provision and that other provisions of the Terms will remain in full effect.

Choice of law and jurisdiction. These Terms are governed by Colorado law, without reference to its conflict of laws provisions. You agree that any suit arising from the Services must take place in a court located in Breckenridge, Summit County, Colorado.

Entire agreement. These Terms (including any document incorporated by reference into them) are the whole agreement between Houfy and you concerning the Services.

9. Complaints Regarding Content

Contact information for complaint about content provided by our Members.

We respect the intellectual property rights of others. We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. We provide a policy and process for complaints concerning content posted by our Members.

10. How To Contact Us

For general inquiries, you may contact us online or join our support community at Facebook:

Terms of Service and Privacy Policy Mailing Address

Although our members typically prefer to submit their inquiries in regards to our Privacy Policy or Terms of Service online, we offer the option to write to us at these postal addresses:

For users outside the Designated Countries:

HOUFY Corporation - Attn: Legal Dept. (Privacy Policy and User Agreement) PO Box 8392 - Breckenridge, CO 80424 - USA

For users in the Designated Countries:

HOUFY Luxembourg Unlimited Company - Attn: Legal Dept. (Privacy Policy and User Agreement) - 9 Rue Ordre de la Couronne de Chene - Luxembourg L-1361 - Luxembourg

Note: Designated Countries refer to countries in the European Union (EU), European Economic Area (EEA), and Switzerland.

Our Help Center also provides information about our Services.

GDPR: To be reviewed

EUGDPR - Information Portal
​Disclaimer: This is not an official EU Commission or Government resource. This is a education portal and the information contained within this portal does in no way constitute legal advice. Any person who intends to rely upon or use the information contained herein in any way is solely responsible for independently verifying the information and obtaining independent expert advice if required.


Lodging Marketplace: to be added

Questions? Let us know at privacy@Houfy.com

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