Terms of Service & Policies

HOMS Terms of Service & Policies

Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the HOMS Platform, you agree to comply with and be bound by these Terms of Service.

Please note: Section 24 of these Terms of Service and Policies contains an arbitration clause and class action waiver that applies to all HOMS Members. Please read it carefully.

Table of Content

1. Scope of HOMS Services

2. Muslim Friendly Policy

3. Eligibility, Using the HOMS Platform, Member Verification

4. Modification of these Terms

5. Account Registration

6. Content & Copyright Policy 

7. Service Fees 

8. Payments Terms of Service 

9. Guest Refund Policy 

10. Terms specific for Hosts 

11. Terms specific for Guests 

12. Booking Modifications, Cancellations and Refunds 

13. Cancellation Policy 

14. Ratings and Reviews 

15. Damage to Homestays, Disputes between Members 

16. HOMS Host Guarantee 

17. Rounding off, Currency conversion 

18. Taxes 

19. Prohibited Activities 

20. Term and Termination, Suspension and other Measures 

21. Disclaimers 

22. Liability 

23. Indemnification 

24. Dispute Resolution and Arbitration Agreement 

25. Applicable Law and Jurisdiction 

26. General Provisions 

27. HOMS Privacy Policy

28. Feedback

1. SCOPE OF HOMS SERVICES

The HOMS Platform is an online marketplace that enables registered users (“Members”) and certain third parties who offer services Members and third parties who offer services are (“Hosts”) to publish such host services on the HOMS Platform (“Listings”) and to communicate and transact directly with Members that are seeking to book such host services Members using host services are (“Guests”). Host services include the offering of vacation or other properties for use (“Homestay“).

As the provider of the HOMS Platform, HOMS does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or host services. Hosts alone are responsible for their Listings and host services. When Members make or accept a booking, they are entering into a contract directly with each other. HOMS is not and does not become a party to or other participant in any contractual relationship between Members, nor is HOMS a real estate broker or insurer. HOMS is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms of Service (Section 8).

While we may help facilitate the resolution of disputes, HOMS has no control over and does not guarantee (1) the existence, quality, safety, suitability, or legality of any Listings or Host Services, (2) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (3) the performance or conduct of any Member or third party. HOMS does not endorse any Member, Listing or Host Services. Any references to a Member being “verified” (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by HOMS about any Member, including of the Member’s identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to stay in a Homestay, participate in an event or use other Host Services, accept a booking request from a Guest, or communicate and interact with other Members, whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of a Listing at the time the photograph was taken and are therefore not an endorsement by HOMS of any Host or Listing.

If you choose to use the HOMS Platform as a Host or Co-Host (as defined below), your relationship with HOMS is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of HOMS for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of HOMS. HOMS does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the host services. You acknowledge and agree that you have complete discretion whether to list host services or otherwise engage in other business or employment activities.

The HOMS Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. HOMS is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by HOMS of such Third-Party Services.

Due to the nature of the Internet, HOMS cannot guarantee the continuous and uninterrupted availability and accessibility of the HOMS Platform. HOMS may restrict the availability of the HOMS Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the HOMS Platform. HOMS may improve, enhance and modify the HOMS Platform and introduce new HOMS Services from time to time.

2. MUSLIM FRIENDLY POLICY

Our commitment to is to ensure both Host and Guest feel comfortable and confident regarding the Homestay cleanliness which follow the Muslim friendly guideline sets by HOMS.

The three main guidelines are:

  • No pork allowed within the premises of the Homestay registered under HOMS Platform;
  • No dog allowed within the premises of the Homestay registered under HOMS Platform;
  • No alcohol allowed within the premises of the Homestay registered under HOMS Platform.

HOMS Hosts SHALL NOT:

  • Make Guest feel insecure during their stay that may allow or exposed to any life endangering activity or surrounding.
  • Mispresenting your property, giving inaccurate location and information, set up fake and fraudulent account and listings.
  • Breach the Muslim Friendly Policy by allowing Guest to bring dog, pork and alcohol.

HOMS Guests SHALL NOT:

  • Steal or taking property that isn’t yours or without Host’s permission.
  • Duplicate Host’s key or personal documents.
  • Damaging Host’s or other surrounding’s property during your stay.
  • Making loud of noise, disturbing the neighbourhood and breaking the Host’s house rules.
  • Dine in or cook substances from Pork (meat/liquid etc).
  • Bringing dog in and outside the house or vicinity area that is closed to the property.
  • Consumption of alcohol drinks as in bottle, canned or glasses.

What happens when a Host or Guest do not comply with the policy?

HOMS takes seriously the guidelines as enshrined in our Terms of Service and Policies. The individual who found in breach of the HOMS policy will be banned from using HOMS Platform and subject to legal action under the laws of Malaysia.

3. ELIGIBILITY, USING THE HOMS PLATFORM, MEMBER VERIFICATION

You must be at least 18 years old and able to enter into legally binding contracts to access and use the HOMS Platform or register HOMS Account subject to HOMS Muslim friendly policies. By accessing or using the HOMS Platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract up to host to specific requirement in HOMS platform.

HOMS may make access to and use of the HOMS Platform, or certain areas or features of the HOMS Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Member’s booking and cancellation history.

User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (1) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (2) screen Members against third party databases or other sources and request reports from service providers, and (3) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).

The access to or use of certain areas and features of the HOMS Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the HOMS Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.

If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. Some areas of the HOMS Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

4. MODIFICATION OF THESE TERMS

HOMS reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the HOMS Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the HOMS Platform will constitute acceptance of the revised Terms.

5. ACCOUNT REGISTRATION

You must register an account (“HOMS Account“) to access and use certain features of the HOMS Platform, such as publishing or booking a Listing. If you are registering HOMS Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.

You can register HOMS Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook, Google and email. (“SNS Account“). You have the ability to disable the connection between your HOMS Account and your SNS Account at any time.

You must provide accurate, current and complete information during the registration process and keep your HOMS Account and public HOMS Account profile page information up-to-date at all times.

You may not register more than one (01) HOMS Account unless HOMS authorizes you to do so. You may not assign or otherwise transfer your HOMS Account to another party.

You are responsible for maintaining the confidentiality and security of your HOMS Account credentials and may not disclose your credentials to any third party. You must immediately notify HOMS if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your HOMS Account. You are liable for any and all activities conducted through your HOMS Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).

HOMS may enable features that allow you to authorize other Members or certain third parties to take certain actions that affect your HOMS Account. For example, we may allow eligible Members or certain third parties to book Listings on behalf of other Members, or we may allow Hosts to add other Members as Co-Hosts (as defined below) to help manage their Listings. These features do not require that you share your credentials with any other person. No third party is authorized by HOMS to ask for your credentials, and you shall not request the credentials of another Member.

6. CONTENT & COPYRIGHT POLICY

HOMS may, at its sole discretion, enable Members to (1) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the HOMS Platform (“Member Content“); and (2) access and view Member Content and any content that HOMS itself makes available on or through the HOMS Platform, including proprietary HOMS content and any content licensed or authorized for use by or through HOMS from a third party (“HOMS Content“) and together with Member Content, (“Collective Content“).

The HOMS Platform, HOMS Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the Malaysia and other countries. You acknowledge and agree that the HOMS Platform and HOMS Content, including all associated intellectual property rights, are the exclusive property of HOMS and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the HOMS Platform, HOMS Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of HOMS used on or in connection with the HOMS Platform and HOMS Content are trademarks or registered trademarks of HOMS in the Malaysia and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the HOMS Platform, HOMS Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.

You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the HOMS Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by HOMS or its licensors, except for the licenses and rights expressly granted in these Terms.

Subject to your compliance with these Terms, HOMS grants you a limited, non-exclusive, non- sublicensable, revocable, non-transferable license to (1) download and use the Application on your personal device(s); and (2) access and view any Collective Content made available on or through the HOMS Platform and accessible to you, solely for your personal and non-commercial use.

By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the HOMS Platform, you grant to HOMS a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the HOMS Platform, in any media or platform. Unless you provide specific consent, HOMS does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.

HOMS may offer Hosts the option of having professional photographers take photographs of their Host Services, which are made available by the photographer to Hosts to include in their Listings with or without a watermark or tag bearing the words “HOMS Verified Photo” or similar wording (“Verified Images“). You are responsible for ensuring that your Host Service is accurately

represented in the Verified Images and you will stop using the Verified Images on or through the HOMS Platform if they no longer accurately represent your Listing, if you stop hosting the Host Service featured, or if your HOMS Account is terminated or suspended for any reason. You acknowledge and agree that HOMS shall have the right to use any Verified Images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Where HOMS is not the exclusive owner of Verified Images, by using such Verified Images on or through the HOMS Platform, you grant to HOMS an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such Verified Images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. HOMS in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Verified Images outside of the HOMS Platform solely for your personal and non-commercial use.

You are solely responsible for all Member Content that you make available on or through the HOMS Platform. Accordingly, you represent and warrant that: (1) you either are the sole and exclusive owner of all Member Content that you make available on or through the HOMS Platform or you have all rights, licenses, consents and releases that are necessary to grant to HOMS the rights in and to such Member Content, as contemplated under these Terms; and (2) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or HOMS’s use of the Member Content (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You will not post, upload, publish, submit or transmit any Member Content that: (1) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (2) is defamatory, libellous, obscene, pornographic, vulgar or offensive; (3) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (4) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (5) promotes illegal or harmful activities or substances; or (6) violates HOMS’s Content Policy (as defined below) or any other HOMS policy. HOMS may, without prior notice, remove or disable access to any Member Content that HOMS finds to be in violation of these Terms or HOMS’s then- current policies, or otherwise may be harmful or objectionable to HOMS, its Members, third parties, or property.

HOMS respects copyright law and expects its Members to do the same. If you believe that any content on the HOMS Platform infringes copyrights you own, please notify us in accordance with our Copyright Policy (as defined below).

CONTENT POLICY

By posting content in public areas on HOMS, you agree to abide by these guidelines and all other HOMS policies. We reserve the right to remove any content, in whole or part, that violates these guidelines, our Terms of Service and Policies or for any other reason at our sole discretion.

In the event of repeated or severe violations, we may suspend or permanently deactivate the account(s) in question.

You can report the content directly or contact us to report content that appears to violate these guidelines.

The following content is never allowed on HOMS:

content created solely for the purpose of advertising or other commercial content,

including company logos, links, or company names; spam, unwanted contact, or content that is shared repeatedly in a disruptive manner Content that endorses or promotes illegal or harmful activity, or that is profane, vulgar,

obscene, threatening, or harassing; content that is discriminatory; attempts to impersonate another person, account, or entity, including a representative of

HOMS; content that is illegal or that violates another person’s or entity’s rights, including

intellectual property rights and privacy rights; content that provides specific details or outcomes of HOMS investigation; and content that is sufficient to identify a listing’s location or other content that may pose a

personal safety risk to HOMS community member.

The following are violations specific to the type of the content on HOMS:

Listing Titles

Listing titles that do not serve the purpose of providing information relevant to the listing

type, style, or experience; Listing titles that include symbols or emojis

Listing or Profile Pages

Listings and profiles that provide fraudulent, false, misleading, or deceptive details

Community Centre

content that is off-topic, doesn’t ask a question, or doesn’t offer knowledge in response to

a question as part of a larger discussion trolling or repeatedly targeting community members

Reviews

reviews that do not represent the author’s personal experience or that of their travel

companions; reviews incentivized by a promise for payment, additional services, or a discounted rate; reviews motivated by a threat of extortion

COPYRIGHT POLICY

Notification of Copyright Infringement

HOMS respects the intellectual property rights of others and expects its users to do the same.

It is HOMS’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the account or access of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site and Application by completing the following DMCA Notice of Alleged Infringement and delivering it to HOMS’s Designated Copyright Agent. Upon receipt of the Notice as described below, HOMS will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site and Application.

DMCA Notice of Alleged Infringement (“Notice”)

  • Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you will provide a comprehensive list of the copyrighted works that you claim have been infringed.
  • Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site and Application where such material may be found.
  • Provide your mailing address, telephone number, and, if available, email address.
  • Include both of the following statements in the body of the Notice:

✓ “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).” ✓ “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

  • Provide your full name, Identity Card no and your signature.

7. SERVICE FEES

HOMS will charge fees to Hosts (“Host Fees“) and/or Guests (“Guest Fees“) (collectively, “Service Fees“) in consideration for the use of the HOMS Platform.

Fees for Bookings

  • Host Service Fees

The Host service fee is 3%. This fee is for payment getaway services. Calculated from the booking subtotal and is automatically deducted from the pay-out to the Host.

  • Guest Service Fees

The Guest service fee is 10% of the booking subtotal and is calculated using a variety of factors these include the reservation subtotal, the length of the stay, and characteristics of the listing. Guests see this fee on the checkout page before they book a reservation.

Any applicable Service Fees (including any applicable Taxes) will be displayed to a Host or Guest prior to publishing or booking a Listing. HOMS reserves the right to change the Service Fees at any time and will provide Members adequate notice of any fee changes before they become effective.

You are responsible for paying any Service Fees that you owe to HOMS. The applicable Service Fees (including any applicable Taxes) are collected by HOMS Payments. HOMS Payments will deduct any Host Fees from the Listing Fee before remitting the pay-out to the Host. Any Guest Fees are included in the Total Fees collected by HOMS Payments. Except as otherwise provided on the HOMS Platform, Service Fees are non-refundable.

8. PAYMENTS TERMS OF SERVICE

Please read these Payments Terms of Service (“Payments Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By using the Payment Services (as defined below), you agree to comply with and be bound by these Payments Terms.

Please note: These Payments Terms contains an arbitration clause and class action waiver that applies to all HOMS Members. It affects how disputes with HOMS Payments are resolved. By accepting these Payments Terms, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.

Last Updated: March 3, 2019

These Payments Terms constitute a legally binding agreement (“Agreement”) between you and HOMS Payments (as defined below) governing the Payment Services (defined below) conducted through or in connection with the HOMS Platform.

When these Payments Terms mention “HOMS Payments,” “we,” “us,” or “our,” it refers to the HOMS Payments company you are contracting with for Payment Services, which may be HOMS Payments.

The HOMS Terms of Service & Policies separately govern your use of the HOMS Platform. All capitalized terms have the meaning set forth in the HOMS Terms unless otherwise defined in these Payments Terms.

In certain situations, customers may be required to enter processing agreements with HOMS Payments. To the extent that there is a conflict between these Payment Terms and terms and conditions set forth in any relevant payment processing agreement, the latter terms and conditions will take precedence, unless specified otherwise.

Our collection and use of personal information in connection with your access to and use of the Payment Services is described in HOMS Privacy Policy (Section 27).

  • Scope and Use of the Payment Service

HOMS Payments provides payments services to Members, including payment collection services, payments and pay-outs, in connection with and through the HOMS Platform (“Payment Services”).

HOMS Payments may temporarily and under consideration of the Members’ legitimate interests (e.g., by providing prior notice), restrict the availability of the Payment Services, or certain services or features thereof, to carry out maintenance measures that ensure the proper or improved functioning of the Payment Services. HOMS Payments may improve, enhance and modify the Payment Services and introduce new Payment Services from time to time. HOMS Payments will provide notice to Members of any changes to the Payment Services, unless such changes do not materially increase the Members’ contractual obligations or decrease the Members’ rights under these Payments Terms.

The Payment Services may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services are subject to different terms and conditions and privacy practices and Members should review them independently. HOMS Payments is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by HOMS Payments of such Third-Party Services.

Your access to or use of certain Payment Services may be subject to, or require you to accept, additional terms and conditions. If there is a conflict between these Payments Terms and terms and conditions applicable for a specific Payment Service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service, unless specified otherwise.

  • Key Definitions

Pay-out” means a payment initiated by HOMS Payments to a Member for services (such as Listing Fees) performed in connection with the HOMS Platform.

Payment Method” means a financial instrument that you have added to your HOMS Account, such as direct deposit, a credit card or debit card.

Pay-out Method” means a financial instrument that you have added to your HOMS Account, such as direct deposit.

  • Modification of these Payment Terms

HOMS Payments reserves the right to modify these Payments Terms at any time in accordance with this provision. If we make changes to these Payments Terms, we will post the revised Payments Terms on the HOMS Platform and update the “Last Updated” date at the top of these Payments Terms. We will also provide you with notice by email of the modification at least thirty (30) days before the date they become effective. If you disagree with the revised Payments Terms, you may terminate this Agreement with immediate effect. We will inform you about your right of refusal and your right to terminate this Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued use of the Payment Services will constitute acceptance of the revised Payments Terms.

  • Eligibility, Member Verification

You must be at least 18 years old and able to enter into legally binding contracts to use the Payment Services. By using the Payment Services, you represent and warrant that you are 18 or older.

HOMS Payments may make access to and use of certain areas or features of the Payment Services subject to certain conditions or requirements, such as completing a verification process or meeting specific eligibility criteria.

We may make inquiries we consider necessary to help verify or check your identity or prevent fraud. Towards this end, you authorize HOMS Payments to screen you against third party databases or other sources and request reports from service providers. In some jurisdictions, we have a legal obligation to collect identity information to comply with anti-money laundering regulations. This may include (1) asking you to provide Identification Card/Passport, your date of birth, your address, and other information; (2) requiring you to take steps to confirm ownership of your email address, Payment Methods or Pay-out Methods; or (3) attempting to screen your information against third- party databases. HOMS Payments reserves the right to close, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.

  • Account Registration

In order to use the Payment Services, you must have HOMS Account in good standing. If you or HOMS closes your HOMS Account for any reason, you will no longer be able to use the Payment Services.

You may authorize a third party to use your HOMS Account in accordance with the HOMS Terms. You acknowledge and agree that anyone you authorize to use your HOMS Account may use the Payment Services on your behalf and that you will be responsible for any payments made by such person.

  • Payment Methods and Pay-out Methods

When you add a Payment Method or Pay-out Method to your HOMS Account, you will be asked to provide customary billing information such as name, billing address, and financial instrument information either to HOMS Payments or its third-party payment processor(s). You must provide accurate, current, and complete information when adding a Payment Method or Pay-out Method, and it is your obligation to keep your Payment Method and Pay-out Method up-to-date at all times. The information required for Pay-out Methods will depend on the particular Pay-out Method and may include:

Your residential address, name on the account, account type, account number, email address, Identification Card number and account information associated with a particular payment processor.

Please note that Payment Methods and Pay-out Methods may involve the use of third-party payment service providers. These service providers may charge you additional fees when processing payments and Pay-outs in connection with the Payment Services (including deducting charges from the Pay-out amount), and HOMS Payments is not responsible for any such fees and

disclaims all liability in this regard. Your Payment Method or Pay-out Method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review these terms and conditions before using your Payment Method or Pay-out Method.

You authorize HOMS Payments to store your Payment Method information and charge your Payment Method as outlined in these Payments Terms. If your Payment Method’s account information changes (e.g., account number, expiration date) as a result of re-issuance or otherwise, we may acquire that information from our financial services partner or your bank and update your Payment Method on file in your HOMS Account.

You are solely responsible for the accuracy and completeness of your Payment Method and Pay- out Method information. HOMS Payments is not responsible for any loss suffered by you as a result of incorrect Payment Method or Pay-out Method information provided by you.

If your Contracting Entity’s location is different than the country of your Payment Method or your selected currency is different than your Payment Method’s billing currency, your payment may be processed outside your country of residence. For example, if you make a booking using a Malaysia issued card, but select SGD as your currency, your payment may be processed outside the Malaysia Banks and credit card companies may impose international transaction fees and foreign exchange fees on such international transactions. In addition, if you select to pay with a currency that is different than your Payment Method’s billing currency, your bank or credit card company may convert the payment amount to your billing currency associated with you Payment Method, based on an exchange rate and fee amount determined solely by your bank. As a result, the amount listed on your card statement may be a different amount than that shown-on checkout. Please contact your bank or credit card company if you have any questions about these fees or the applicable exchange rate.

  • Financial Terms for Hosts

General HOMS Payments will collect the Total Fees from a Guest at the time the Guest’s booking request.

Pay-outs In order to receive a Pay-out, you must have a valid Pay-out Method linked to your HOMS Account. HOMS Payments will generally initiate Pay-outs to your selected Pay-out Method: (1) for Homestay, every Wednesday following the day guest checking-in and (2) Hosts may be able to receive a Pay-out for a booking prior to the Guest’s scheduled check-in. Any such alternative Pay-out option may be subject to additional terms and conditions.

The time it takes to receive Pay-outs once released by HOMS Payments may depend upon the pay- out Method you select and the pay-out Method provider’s processing schedule. HOMS Payments may delay or cancel any pay-out for purposes of preventing unlawful activity or fraud, risk assessment, security, or investigation.

Your pay-out for a booking will be the Listing Fee less applicable Host Fees and Taxes.

In the event of a Guest’s cancellation of a confirmed booking, HOMS Payments will remit a pay- out of any portion of the Total Fees due to you under the applicable cancellation policy.

HOMS Payments will remit your Pay-outs in Ringgit Malaysia. Amounts may be rounded up or down as described in the HOMS Terms.

For compliance or operational reasons, HOMS Payments may limit the value of each individual pay- out. If you are due an amount above that limit, HOMS Payments may initiate a series of Pay-outs (potentially over multiple days) in order to provide your full pay-out amount.

Pay-out to the Host will be released every Wednesday following the day Guest check-in.

  • Financial Terms for Guests

You authorize HOMS Payments to charge your Payment Method the Total Fees for any booking requested in connection with your HOMS Account. HOMS Payments will collect the Total Fees in the manner agreed between you and HOMS Payments via the HOMS Platform. HOMS Payments will generally collect the Total Fees after the Host accepts your booking request. Booking payment must be made within six (6) hours or the booking will be voided. Once the payment transaction for your requested booking is successfully completed, you will receive a confirmation email.

When you request to book a Listing, HOMS Payments may also (1) obtain a pre-authorization via your Payment Method for the Total Fees.

If a requested booking is cancelled by Guest before fourteen (14) days prior to check-in date or anytime by the Host, there will be a full refund provided.

If a requested booking made within 14 days prior to check-in date by Guest, cancellation made by Guest will not be refund except as per Extenuating Circumstances Policy (as defined below).

You authorize HOMS Payments to perform the Payment Method verifications described in “Payment Methods and Pay-out Methods, Financial Terms for Hosts & Financial Terms for Guests” and to charge your Payment Method for any bookings made in connection with your HOMS Account. You hereby authorize HOMS Payments to collect any amounts due, by charging the Payment Method provided at checkout, either directly by HOMS Payments or indirectly, via a third- party online payment processor, and/or by one or more of the payment methods available on the HOMS Platform.

EXTENUATING CIRCUMSTANCES POLICY

Extenuating circumstances means cancellation due to an emergency or unavoidable circumstance.

We may be able to give you a refund or waive the penalties if you have to cancel because of an unexpected circumstance that’s out of your control. Below is a list of circumstances covered by our Extenuating Circumstances Policy. Before you cancel, check that your circumstance is included in the list below and that you can provide the required documentation.

Circumstances that require documentation

Death of a Host or Guest, or their immediate family member. You’ll be asked to provide:

  • Death certificate

Serious illness of a Host or Guest, or any member of the traveling party. You’ll be asked to provide a general statement from a physician confirming that the person can’t travel. The statement must be dated after the reservation was booked.

Government-mandated obligations including court appearances, and military deployment. You’ll be asked to provide a copy of the official notice dated after the reservation was booked, including the name of the person fulfilling the obligation.

Severe damage to the home that makes it unsafe to Host or Guests, or that prevents Guests from accessing basic amenities like running water. This doesn’t include planned renovations. You’ll be asked to provide any of these documents:

Proof that the issue is being fixed An estimate of when it will be fixed An invoice for the repairs being done Photos of the damage

Airport and road closures that make it impossible to travel to your destination. This includes closures caused by natural disasters like earthquakes or severe storms. You’ll be asked to provide a notice of the road closure or notice of the airport closure and proof that the flight was cancelled.

Circumstances that require special review

There’s no required documentation for these circumstances, but our specialized team will review each case to confirm that you’re directly affected.

Severe security advisories for political or civil unrest in the area that the Guest is traveling from, traveling to, or that the Host’s home is located in. Examples include:

Violence Increased military presence Severe damage to the area’s infrastructure

Changes to visa or passport requirements that make it impossible to travel to the destination. This doesn’t include lost or expired travel documents.

Natural disasters that prevent the Guest from traveling to or from the destination, or that make it unsafe to host Guests. Examples include:

Severe storms Earthquakes Flooding Tsunamis Wildfires

Endemic disease or illness that suddenly affects a region or an entire group of people.

✓ Ebola ✓ Zika ✓ Dengue ✓ Influenza

What to do next

If you’ve confirmed your circumstance meets the requirements above, first cancel your reservation and then contact or email us to file a claim. We’ll walk you through the next steps, which will include submitting any required documentation and waiting for our team to review your case. Claims must be submitted within fourteen (14) days of the extenuating circumstance.

  • General Financial Terms

Fees HOMS Payments may charge fees for use of certain Payment Services and any applicable fees will be disclosed to Members via the HOMS Platform.

  • Payment Authorizations

You authorize HOMS Payments to collect from you amounts due pursuant to these Payment Terms or the HOMS Terms. Specifically, you authorize HOMS Payments to collect from you:

Any amount due to HOMS (e.g., as a result of your bookings, Booking Modifications, cancellations, or other actions as a Guest, Host or user of the HOMS Platform), including reimbursement for costs prepaid by HOMS on your behalf, by charging any Payment Method on file in your HOMS Account (unless you have previously removed the authorization to charge such Payment Method(s)) or by withholding such amounts from your future Pay-outs. Any funds collected by HOMS Payments will set off the amount owed by you to HOMS and extinguish your obligation to HOMS. ✓ Overstay Fees payable (Section 11). In addition, HOMS Payments may recover any costs and expenses it incurs in collecting the Overstay Fees by charging any Payment Method(s) you have on file in your HOMS Account (unless you have previously removed the authorization to charge such Payment Method(s)). Any Service Fees or cancellation fees imposed pursuant to the Terms of Service and Policies (e.g., if, as a Host, you cancel a confirmed booking). HOMS Payments will be entitled to recover the amount of any such fees from you, including by subtracting such refund amount out from any future Pay-outs due to you. Fees, costs and/or expenses associated with a Damage Claim (Section 16). If HOMS Payments is unable to collect from your Payment Method used to make the booking, you agree that HOMS Payments may charge any other Payment Method on file in your HOMS Account at the time of the Damage Claim (unless you have previously removed the authorization to charge such Payment Method(s)). HOMS Payments also reserves the right to otherwise collect payment from you and pursue any remedies available to HOMS Payments in this regard in situations in which you are responsible for a Damage Claim pursuant to the Terms of Service and Policies, including, but not limited to, in relation to any payment requests made by Hosts under the Host Guarantee Terms & Conditions (Section 16).

Addition to any amount due as outlined above, if there are delinquent amounts or chargebacks associated with your Payment Method, you may be charged fees that are incidental to our collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges.

  • Refunds

Any refunds or credits due to a Member pursuant to the Terms of Service and Policies and Guest Refund Policy (Section 9) will be initiated and remitted by HOMS Payments in accordance with these Payments Terms.

HOMS Payments will process refunds immediately, however, the timing to receive any refund will vary based on the Payment Method and any applicable payment system.

9. GUEST REFUND POLICY

These terms and conditions govern HOMS’s policy for Guest refunds (“Guest Refund Policy”) and the obligations of the Host associated with the Guest Refund Policy. The Guest Refund Policy is available to Guests who book and pay for a Homestay through the HOMS Platform and suffer a Travel Issue (as defined below). The Guest’s rights under this Guest Refund Policy will supersede the Host’s cancellation policy.

By using the HOMS Platform as a Host or Guest, you are indicating that you have read and that you understand and agree to be bound by this Guest Refund Policy.

  • Travel Issue

A “Travel Issue” means any one of the following:

✓ the Host of the Homestay (1) cancels a booking shortly before the scheduled start of the booking, or (2) fails to provide the Guest with the reasonable ability to access the Homestay (e.g. does not provide the keys and/or a security code). ✓ the Listing’s description or depiction of the Homestay is materially inaccurate with

respect to: ✓ the size of the Homestay (e.g., number and size of the bedroom, bathroom and/or

kitchen or other rooms), ✓ special amenities or features represented in the Listing are not provided or do not function, such as decks, pools, bathrooms (toilet/shower/bathtub), kitchen (sink/stove/refrigerator or major other appliances), and electrical, heating or air condition systems, or ✓ the physical location of the Homestay (proximity).

At the start of the Guest’s booking, the Homestay: (1) is not generally clean and sanitary (2) contains safety or health hazards that would be reasonably expected to adversely affect the Guest’s stay at the Homestay in HOMS’s judgment, (3) does not contain clean bedding and bathroom towels available for the Guest’s use, (4) has vermin or contains pets not disclosed in the Listing (5) non compliance to Muslim friendly policy.

  • The Guest Refund Policy

If you are a Guest and suffer a Travel Issue, we agree, at our discretion, to either (1) reimburse you up to the amount paid by you through the HOMS Platform depending on the nature of the Travel Issue suffered, or (2) use our reasonable efforts to find and book you another Homestay for any unused nights left in your booking which is reasonably comparable to the Homestay described in your original booking in terms of size, rooms, features and quality. All determinations of HOMS with respect to the Guest Refund Policy, including without limitation the size of any refund and the comparability of alternate Homestay, shall be in HOMS’s discretion, and final and binding on the Guests and Hosts.

  • Conditions to Claim a Travel Issue

To submit a valid claim for a Travel Issue and receive the benefits with respect to your booking, you are required to meet each of the following conditions:

✓ you must be the Guest that booked the Homestay; ✓ you must bring the Travel Issue to our attention in writing or via telephone and provide us with information (including photographs or other evidence) about the Homestay and the circumstances of the Travel Issue within 24 hours after the later of (1) the start of your booking or (2) you discover the existence of the Travel Issue, and must respond to any requests by us for additional information or cooperation on the Travel Issue; ✓ you must not have directly or indirectly caused the Travel Issue (through your action,

omission or negligence); and ✓ unless HOMS advises you that the Travel Issue cannot be remediated, you must have used reasonable efforts to try to remedy the circumstances of the Travel Issue with the Host prior to making a claim for a Travel Issue.

  • Minimum Quality Standards, Host Responsibilities and Reimbursement to Guest

If you are a Host, you are responsible for ensuring that the Homestays you list on the HOMS Platform meet minimum quality standards regarding access, adequacy of the Listing description, safety, cleanliness, and do not present a Guest with Travel Issues. During a Guest’s stay at a Homestay, Hosts should be available, or make a third-party available, in order to try, in good faith, to resolve any Guest issues.

If you are a Host, and if (1) HOMS determines that a Guest has suffered a Travel Issue related to a Homestay listed by you and (2) HOMS either reimburses that Guest (up to their Total Fees) or provides an alternative Homestay to the Guest, you agree to reimburse HOMS up to the amount paid by HOMS within thirty (30) days of HOMS’s request. If the Guest is relocated to an alternative Homestay, you also agree to reimburse HOMS for reasonable additional costs incurred to relocate the Guest. You authorize HOMS Payments to collect any amounts owed to HOMS by reducing your Pay-out or as otherwise permitted pursuant to the Payments Terms.

As a Host, you understand that the rights of Guests under this Guest Refund Policy will supersede your selected cancellation policy. If you dispute the Travel Issue, you may contact or email us and provide us with information (including photographs or other evidence) disputing the claims regarding the Travel Issue, provided you must have used reasonable and good faith efforts to try to remedy the Travel Issue with the Guest prior to disputing the Travel Issue claim.

  • General Provisions

No Assignment/No Insurance. This Guest Refund Policy is not intended to constitute an offer to insure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by the Guest, and the Guest has not paid any premium in respect of the Guest Refund Policy. The benefits provided under this Guest Refund Policy are not assignable or transferable by you.

Modification or Termination. HOMS reserves the right to modify or terminate this Guest Refund Policy, at any time, in its sole discretion. If HOMS modifies this Guest Refund Policy, we will post the modification on the HOMS Platform or provide you with notice of the modification and HOMS will continue to process all claims for Travel Issues made prior to the effective date of the modification.

Entire Agreement. This Guest Refund Policy constitutes the entire and exclusive understanding and agreement between HOMS and you regarding the Guest Refund Policy and supersedes and replaces any and all prior oral or written understandings or agreements between HOMS and you regarding the Guest Refund Policy

  • Payment Processing Errors

We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same pay-out Method or Payment Method used for the original pay-out to or payment by you, so that you end up receiving or paying the correct amount. This may be performed by HOMS Payments or a third party such as your financial institution.

  • Prohibited Activities

You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Payment Services. In connection with your use of the Payment Services, you may not, and you agree that you will not and will not assist or enable others to:

breach or circumvent any applicable laws or regulations, agreements with third parties,

third-party rights, or the Terms of Service and Policies. use the Payment Services for any commercial or other purposes that are not expressly

permitted by these Payments Terms; register or use any Payment Method or pay-out Method with your HOMS Account that is

not yours or you do not have authorization to use; avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by HOMS Payments or any of HOMS Payments’ providers or any other third party to protect the Payment Services; take any action that damages or adversely affects, or could damage or adversely affect, the

performance or proper functioning of the Payment Services; attempt to decipher, decompile, disassemble, or reverse engineer any of the software used

to provide the Payment Services; or violate or infringe anyone else’s rights or otherwise cause harm to anyone.

  • Disclaimers

If you choose to use the Payment Services, you do so voluntarily and at your sole risk. To the maximum extent permitted by law, the Payment Services are provided “as is”, without warranty of any kind, either express or implied.

Notwithstanding HOMS Payments’ appointment as the limited payment collection agent of Providing Members for the purposes of accepting payments from Purchasing Members through the HOMS Platform, HOMS Payments explicitly disclaims all liability for any act or omission of any Member or other third party. HOMS Payments does not have any duties or obligations as agent for each Providing Member except to the extent expressly set forth in these Payments Terms, and any additional duties or obligations as may be implied by law are, to the maximum extent permitted by applicable law, expressly excluded.

If we choose to conduct identity verification on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.

The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights or warranties which cannot lawfully be excluded. However, the duration of any statutorily required warranties shall be limited to the maximum extent (if any) permitted by law.

  • Liability

Except as provided in part of “General Provisions”, you acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Payment Services remains with you. If you permit or authorize another person to use your HOMS Account in any way, you are responsible for the actions taken by that person. Neither HOMS Payments nor any other party involved in creating, producing, or delivering the Payment Services will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (1) these Payments Terms, (2) from the use of or inability to use the Payment Services, or (3) from any communications, interactions, or meetings with other Members or other persons with whom you communicate, interact, transact, or meet with as a result of your use of the Payment Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not HOMS Payments has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Providing Members pursuant to these Payments Terms or an approved payment request under the HOMS Host Guarantee, in no event will HOMS Payments’ aggregate liability arising out of or in connection with these Payments Terms and your use of the Payment Services including, but not limited to, from your use of or inability to use the Payment Services, exceed the amounts you have paid or owe for bookings via the HOMS Platform as a Guest in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Host, the amounts paid by HOMS Payments to you in the twelve (12) month period prior to the event giving rise to the liability, or Ringgit Malaysia One Hundred

(RM100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between HOMS Payments and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect HOMS Payments’ liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

  • Indemnification

To the maximum extent permitted by applicable law, you agree to release, defend (at HOMS Payments’ option), indemnify, and hold HOMS Payments and its affiliates and subsidiaries, and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (1) your breach of these Payments Terms; (2) your improper use of the Payment Services; (3) HOMS Payments’ Collection and Remittance of Occupancy Taxes; or (4) your breach of any laws, regulations, or third-party rights.

  • Termination, Suspension and other Measures

This Agreement will continue unless and until it is terminated, suspended or other measures are taken as described in this Section.

You may terminate this Agreement at any time by sending us an email, or by following the termination procedures specified in the Terms of Service & Policies. Terminating this Agreement will also serve as notice to cancel your HOMS Account pursuant to the HOMS Terms. If you cancel your HOMS Account as a Host, HOMS Payments will provide a full refund to any Guests with confirmed booking(s). If you cancel your HOMS Account as a Guest, HOMS Payments will initiate a refund for any confirmed booking(s) based on the Listing’s cancellation policy.

Without limiting our rights specified below, HOMS Payments may terminate this Agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address,

HOMS Payments may immediately, without notice terminate this Agreement if (1) you have materially breached your obligations under this Agreement; (2) you have provided inaccurate, fraudulent, outdated, or incomplete information; (3) you have violated applicable laws, regulations, or third-party rights; or (4) HOMS Payments believes in good faith that such action is reasonably necessary to protect other Members, HOMS, HOMS Payments, or third parties (for example in the case of fraudulent behaviour of a Member).

In addition, HOMS Payments may limit or temporarily or permanently suspend your use of or access to the Payment Services (1) to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, or if (2) you have breached these Payments Terms, applicable laws, regulations or third-party rights, (3) you have provided inaccurate, fraudulent, outdated, or incomplete information regarding a Payment Method or pay- out Method, (4) any amounts you owe under these Payments Term are overdue or in default, or (5) HOMS Payments believes in good faith that such action is reasonably necessary to protect the personal safety or property of HOMS, its Members, HOMS Payments, or third parties, or to prevent fraud or other illegal activity.

In case of non-material breaches and where appropriate, you will be given notice of any measure by HOMS Payments and an opportunity to resolve the issue to HOMS Payments’ reasonable satisfaction.

If HOMS Payments takes any of the measures described in this Section, you may appeal such a decision by contacting us.

If you are a Host and we take any of the measures described in this Section we may refund your Guests in full for any and all confirmed bookings, irrespective of pre-existing cancellation policies, and you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.

If your access to or use of the Payment Services has been limited or this Agreement has been terminated by us, you may not register a new HOMS Account or attempt to access and use the Payment Services through other HOMS Account of another Member.

  • Dispute Resolution and Arbitration Agreement

This Dispute Resolution and Arbitration Agreement shall apply if you bring any claim against HOMS in Malaysia.

Overview of Dispute Resolution Process. HOMS is committed to participating in a consumer- friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom Section 21 applies: (1) an informal negotiation directly with HOMS ‘s customer service team, and (2) a binding Dispute Resolution administered by The Tribunal for Consumer Claims Malaysia (TCC) established under Consumer Protection Act 1999. Specifically, The Tribunal for Consumer Claims Malaysia (TCC) provide:

✓ claims that can be filed through all tribunal branches or through E-Tribunal portal by filling

up claim form which is known as form 1; ✓ Form 1 must be completed in 4 copies by the claimant and filed in the nearest office of the

tribunal; ✓ the filing fee for Form 1 is RM5.00 and an official receipt will be issued to the claimant; ✓ Form 1 will be registered dated and signed by the Secretary or an Assistant Secretary of the tribunal and affixed with the seal of the tribunal. Two copies of Form 1 that have been affixed with the seal of the tribunal shall be returned to the claimant for service; ✓ the tribunal has jurisdiction in respect of any claim not more than RM25,000.00 filed within

3 years of the dispute.

Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and HOMS each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact HOMS customer service team by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the Tribunal for Consumers Claims Malaysia (TCC) and as specified in the TCC Rules.

Agreement to Arbitrate. You and HOMS mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement or interpretation thereof, or to the use of the HOMS Platform, the Host Services, the Group Payment Service, or the Collective Content (collectively, “Disputes”) will be settled by binding arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and HOMS agree that the arbitrator will decide that issue.

Exceptions to Arbitration Agreement. You and HOMS each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (1) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (2) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).

Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

No Class Actions or Representative Proceedings. You and Airbnb acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless you and Airbnb both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute.

  • General Provisions

Except as they may be supplemented by additional terms and conditions, policies, guidelines, or standards, these Payments Terms constitute the entire Agreement between HOMS Payments and you regarding the subject matter hereof and supersede any and all prior oral or written understandings or agreements between HOMS Payments and you regarding the Payment Services.

No joint venture, partnership, employment, or agency relationship exists between you or HOMS Payments as a result of this Agreement or your use of the Payment Services.

If any provision of these Payments Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

HOMS Payments’ failure to enforce any right or provision in these Payments Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Payments Terms, the exercise by either party of any of its remedies under these Payments Terms will be without prejudice to its other remedies under these Payments Terms or otherwise permitted under law.

You may not assign, transfer, or delegate this Agreement and your rights and obligations hereunder without HOMS Payments’ prior written consent. HOMS Payments may without restriction assign, transfer, or delegate this Agreement and any rights and obligations, at its sole discretion, with thirty (30) days’ prior notice.

This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that the payment card networks are third-party beneficiaries of this Agreement for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to this Agreement.

Unless specified otherwise, any notices or other communications permitted or required under this Agreement, will be in writing and given by HOMS Payments via email, HOMS Platform notification, or messaging service (including SMS and WhatsApp).

10. TERMS SPECIFIC FOR HOSTS

  • Terms Applicable to All Listings

When creating a Listing through the HOMS Platform you must (1) comply to Muslim friendly policy (2) provide complete and accurate information about your Host Service (such as listing description, location, and calendar availability), (2) disclose any deficiencies, restrictions (such as house rules) and requirements that apply (such as any minimum age, proficiency or fitness requirements for an Experience) and (3) provide any other pertinent information requested by HOMS. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.

You are solely responsible for setting a price (including any Taxes if applicable, or charges such as cleaning fees) for your Listing (“Listing Fee”). Once a Guest requests a booking of your Listing, you may not request that the Guest pays a higher price than in the booking request.

Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.

Pictures, animations or videos (collectively, “Images“) used in your Listings must accurately reflect the quality and condition of your Host Services. HOMS reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.

The placement and ranking of Listings in search results on the HOMS Platform may vary and depend on a variety of factors, such as Guest search parameters and preferences, Host requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Host Service, and/or ease of booking.

When you accept a booking request by a Guest, you are entering into a legally binding agreement with the Guest and are required to provide your Host Service(s) to the Guest as described in your Listing when the booking request is made. You also agree to pay the applicable Host Fee and any applicable Taxes.

Homs has the right to amend anything in the host’s listing

  • Listing Accommodations

You represent and warrant that any Listing you post and the booking of, or a Guest’s stay at, a Homestay will (1) comply to Muslim friendly policy (2) not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, or other agreements, and (3) comply with all applicable laws (such as zoning laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Homestay at your request or invitation, excluding the Guest and any individuals the Guest invites to the Homestay.

  • Co-Hosts

HOMS may enable Hosts to authorize other Members (“Co-Hosts”) to administer the Host’s Listing(s), and to bind the Host and take certain actions in relation to the Listing(s) as permitted by the Host, such as accepting booking requests, messaging and welcoming Guests, and updating the Listing Fee and calendar availability (collectively, “Co-Host Services”). Any agreement formed between Host and Co-Host may not conflict with these Terms, Payment Terms or any other policies applicable to your Host Service(s). Co-Hosts may only act in an individual capacity and not on behalf of a company or other organization, unless expressly authorized by HOMS. HOMS reserves the right, in our sole discretion, to limit the number of Co-Hosts a Host may invite for each Listing and to limit the number of Listings a Co-Host may manage.

Hosts and Co-Hosts agree that each activity, booking, or other transaction reported on the HOMS Platform, including any Co-Host Services provided by the Co-Host and any amounts due from a Host to the Co-Host for the provision of such services, will be deemed accurate, correct and binding, unless challenged, by notifying the other person and HOMS by emailing host@homs.com.my, within 21 days of posting of the disputed activity, booking or other transaction on the HOMS Platform.

Hosts should exercise due diligence and care when deciding who to add as a Co-Host to their Listing(s). Hosts remain solely responsible and liable for any and all Listings and Member Content published on the HOMS Platform, including any Listing created by a Co-Host on their behalf. Further, Hosts remain responsible and liable for their own acts and omissions, including, but not limited to, conduct that causes harm or damage to the Co-Host(s). Co-Hosts remain responsible and liable for their own acts and omissions when engaging in their roles and responsibilities as a Co-Host, including, but not limited to, conduct that causes harm or damage to the Host. In addition, both Host and Co-Host are jointly responsible and severally liable for third party claims, including Guest claims, arising from the acts and omissions of the other person as related to hosting activities, communications with Guests, and the provision of any Co-Host Services.

Unless agreed otherwise by Host and Co-Host, Host and Co-Host may terminate the Co-Host agreement at any time. In addition, both Host and Co-Host acknowledge that their Co-hosting relationship will terminate in the event that HOMS (1) terminates the Co-Host service or (2) terminates either party’s participation in the Co-Host service. When the Co-Host agreement is terminated, the Host will remain responsible for all of the Co-Host’s actions prior to the termination, including the responsibility to fulfil any pending or future bookings initiated prior to the termination. When a Member is removed as a Co-Host, that Member will no longer have access to any Host or Guest information related to the applicable Host’s Listing(s). In addition, Host agrees to pay Co-Host for all Co-Host Services completed prior to Co-Host’s termination. A Co-Host will not be entitled to any fees for any Co-Host Services that have not been completed prior to the Co- Host’s termination.

As a Co-Host, you will not be reviewed by Guests, meaning that your Co-Host activities will not affect your Reviews or Ratings for other Listings for which you are a Host. Instead, the Host of such Listing(s) will be reviewed by Guests (including potentially on the basis of the Co-Host’s conduct and performance). Hosts acknowledge that Reviews and Ratings from Guests for their Listing(s) may be impacted by a Co-Host’s conduct and performance.

11. TERMS SPECIFIC FOR GUESTS

  • Terms Applicable to all Bookings

Subject to meeting any requirements (such as completing any verification processes) set by HOMS and/or the Host, you can book a Listing available on the HOMS Platform by following the respective booking process. All applicable fees, including the Listing Fee, Guest Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your HOMS Account.

Upon receipt of a booking confirmation from HOMS, a legally binding agreement is formed between you and your Host, subject to any additional terms and conditions of the Host that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. HOMS Payments will collect the Total Fees at the time of the booking request or upon the Host’s confirmation pursuant to the Payments Terms.

If you book a Host Service on behalf of additional guests, you are required to ensure that every additional guest meets any requirements set by the Host and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Host. If you are booking for an additional guest who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor.

  • Booking Homestay

You understand that a confirmed booking of a Homestay (“Homestay Booking”) is a limited license granted to you by the Host to enter, occupy and use the Homestay for the duration of your stay, during which time the Host (only where and to the extent permitted by applicable law) retains the right to re-enter the Homestay, in accordance with your agreement with the Host.

You agree to leave the Homestay no later than the check-out time that the Host specifies in the Listing or such other time as mutually agreed upon between you and the Host. If you stay past the agreed upon checkout time without the Host’s consent (“Overstay”), you no longer have a license to stay in the Homestay and the Host is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, if requested by the Host, for each twenty-four (24) hour period (or any portion thereof) that you Overstay, an additional nightly fee of up to two (2) times the average nightly Listing Fee originally paid by you to cover the inconvenience suffered by the Host, plus all applicable Guest Fees, Taxes, and any legal expenses incurred by the Host to make you leave (collectively, “Overstay Fees“). Overstay Fees for late check-outs on the check-out date that do not impact upcoming bookings may be limited to the additional costs incurred by the Host as a result of such Overstay. If you Overstay at a Homestay, you authorize HOMS (via HOMS Payments) to charge you to collect Overstay Fees.

12. BOOKING MODIFICAIONS, CANCELLATIONS AND REFUNDS

Hosts and Guests are responsible for any modifications to a booking that they make via the HOMS Platform or direct HOMS customer service to make (“Booking Modifications“), and agree to pay any additional Listing Fees, Host Fees or Guest Fees and/or Taxes associated with such Booking Modifications.

Guests can cancel a confirmed booking at minimum fourteen (14) calendar days pursuant to the Listing’s Cancellation Policy (Section 13), and HOMS Payments will refund the amount of the Total Fees due to the Guest in accordance with such Cancellation Policy. Unless Extenuating Circumstances Policy exist, any portion of the Total Fees due to the Host under the applicable Cancellation Policy will be remitted to the Host by HOMS Payments pursuant to the Payments Terms.

If a Host cancels a confirmed booking, the Guest will receive a full refund of the Total Fees for such booking provided cancellation been made minimum fourteen (14) calendar days. In some instances, HOMS may allow the Guest to apply the refund to a new booking, in which case HOMS Payments will credit the amount against the Guest’s subsequent booking at the Guest’s direction. Further, HOMS may publish an automated review on the Listing cancelled by the Host indicating that a booking was cancelled. In addition, HOMS may (1) keep the calendar for the Listing unavailable or blocked for the dates of the cancelled booking, and/or (2) impose a cancellation fee, unless the Host has a valid reason for cancelling the booking pursuant to HOMS’s Extenuating Circumstances Policy or has legitimate concerns about the Guest’s behaviour. If the Host cancelled the booking without valid reason, Host will receive a gentle reminder. After the second reminder the Host will be backlisted from using HOMS Platform.

In certain circumstances, HOMS may decide, in its sole discretion, that it is necessary to cancel a confirmed booking and make appropriate refund and pay-out decisions. This may be for reasons set forth in HOMS’s Extenuating Circumstances Policy or (1) where HOMS believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to HOMS, other Members, third parties or property, or (2) for any of the reasons set out in these Terms.

If a Guest suffers a Travel Issue pursuant to the Guest Refund Policy, HOMS may determine, in its sole discretion, to refund the Guest part or all of the Total Fees in accordance with the Guest Refund Policy.

If, as a Host, your Guest cancels a confirmed booking or HOMS decides that it is necessary to cancel a confirmed booking, and HOMS issues a refund to the Guest in accordance with the Guest Refund Policy, Extenuating Circumstances Policy, or other applicable cancellation policy, you agree that in the event you have already been paid, HOMS Payments will be entitled to recover the amount of any such refund from you, including by subtracting such refund amount out from any future Pay- outs due to you.

Except as otherwise set out in these Terms, Members may contact or email to send or request money for refunds, additional Host Services, Co-Host Services or Damage Claims related to bookings. You agree to pay all amounts in connection with your HOMS Account, and HOMS Payments will handle all such payments.

13. CANCELLATION POLICY

HOMS allows Guest to cancel booking with full refund, provided the cancellation must be made minimum fourteen (14) days prior to check in date, that we will enforce to protect both Guest and Host alike.

Homestay fees (the total nightly rate you’re charged) are refundable in certain

circumstances. If there is a complaint from either party, notice must be given to HOMS within 24 hours of

check-in. HOMS will mediate when necessary, and has the final say in all disputes. A reservation is officially cancelled when the Guest clicks the cancellation button. Cancellation policies may be superseded by the Guest Refund Policy, extenuating circumstances, or cancellations by HOMS for any other reason permitted under the Terms of Service and Policies.

Cancellation by HOST 

Because cancellations disrupt Guests’ plans and impact confidence in the HOMS community, the following will be applied for host cancellations.

  • Cancellation fee

A fee will be deducted from your first payout after a cancellation. The amount deducted will depend on when you accepted the reservation and how soon before check-in you canceled it:

  • More than 7 days before check-in, we’ll deduct RM50 from your next payout
  • Less than 7 days before check-in, we’ll deduct RM100 from your next payout
  • Unavailable/blocked calendar.

Your calendar will stay blocked and you won’t be able to accept another reservation for the same dates of the cancelled reservation.

  • Account suspension.

If you cancel 3 or more reservations within a year, we may deactivate your listing. Unless there are extenuating circumstances, there will be no exceptions to our updated cancellation policy.

  • Cancelling a reservation without penalty

Hosts can always cancel a reservation without penalty, if they’re uncomfortable with a reservation. Some examples of when a Host can cancel penalty-free include:

  • The Guest has several unfavourable reviews that concern the Host
  • The Guest makes it clear they’ll likely break one of the Host’s house rules, like bringing a pet (dog), alcohol drinks and pork.

When you cancel for this reason, all penalties will be waived.

  • Limits

You’ll be able to cancel online 3 times in one year for being uncomfortable with a reservation after that, you’ll have to email to host@homs.com.my to make the cancellation without penalty.

Cancellation by GUEST

If Guest cancels their reservation within 14 days prior to check in, we’ll notify Host and automatically unblock the dates on the calendar so that the date is available for other Guests.

  • Guest refunds

Guests who cancel are automatically refunded according to the Cancellation Policy, unless the cancellation qualifies as an extenuating circumstance or falls under our Guest Refund Policy.

  • Cancellations after check-in

If Guest cancels after they’ve already checked in:

They’re required to leave the accommodation space as soon as they cancel The terms of your cancellation policy will still apply The amount paid is not refundable

14. RATINGS AND REVIEWS

Within a certain timeframe after completing a booking, Guests and Hosts can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of HOMS. Ratings and Reviews are not verified by HOMS for accuracy and may be incorrect or misleading.

Ratings and Reviews by Guests and Hosts must be accurate and may not contain any offensive or defamatory language. Ratings and Reviews are subject to Section 5 and must comply with HOMS’s Content & Copyright Policy.

Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member.

Ratings and Reviews are part of a Member’s public profile and may also be surfaced elsewhere on the HOMS Platform (such as the Listing page) together with other relevant information such as number of bookings, number of cancellations, average response time and other information.

15. DAMAGE TO HOMESTAYS, DISPUTES BETWEEN MEMBERS

As a Guest, you are responsible for leaving the Homestay (including any personal or other property located at the Homestay) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Homestay, excluding the Host (and the individuals the Host invites to the Homestay, if applicable).

If a Host claims and provides evidence that you as a Guest have damaged a Homestay or any personal or other property at a Homestay (“Damage Claim“), the Host can seek payment from you through the HOMS Platform. If a Host escalates a Damage Claim to HOMS, you will be given an opportunity to respond. If you agree to pay the Host, or HOMS determines in its sole discretion that you are responsible for the Damage Claim, HOMS Payments will collect any such sums from you and/or against the Security Deposit (if applicable) required to cover the Damage Claim pursuant to the Payments Terms. HOMS also reserves the right to otherwise collect payment from you and pursue any remedies available to HOMS in this regard in situations in which you are responsible for a Damage Claim, including, but not limited to, in relation to any payment requests made by Hosts under the Host Guarantee Terms & Conditions.

Members agree to cooperate with and assist HOMS in good faith, and to provide HOMS with such information and take such actions as may be reasonably requested by HOMS, in connection with any Damage Claims or other complaints or claims made by Members relating to (1) Homestay or any personal or other property located at a Homestay (including, without limitation, payment requests made under the Host Guarantee Terms & Conditions), and (2) Co-Host agreements,. A Member shall, upon HOMS’s reasonable request and at no cost to the Member, participate in mediation or a similar resolution process with another Member, which process will be conducted by HOMS or a third party selected by HOMS or its insurer, with respect to losses for which a Member is requesting payment from HOMS (including but not limited to payments under the Host Guarantee).

If you are a Guest or a Co-Host, you understand and agree that HOMS may make a claim under your homeowner’s, renter’s or other insurance policy related to any damage or loss that you may have caused, or been responsible for, to any personal or other property (including a Homestay) of the Host (including without limitation amounts paid by HOMS under the Host Guarantee). You agree to cooperate with and assist HOMS in good faith, and to provide HOMS with such information as may be reasonably requested by HOMS, to make a claim under your homeowner’s, renter’s or other insurance policy, including, but not limited to, executing documents and taking such further acts as HOMS may reasonably request to assist HOMS in accomplishing the foregoing.

16. HOST GUARANTEE TERMS & CONDITIONS

Please note: These Host Guarantee Terms & Conditions contain an arbitration clause and class action waiver that applies to all HOMS Members. It affects how disputes with HOMS are resolved. By accepting these Host Guarantee Terms & Conditions, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.

Please read these Host Guarantee Terms & Conditions carefully as they contain important information about your legal rights, remedies and obligations. By posting a Listing or otherwise using the HOMS Platform as a Host, you agree to comply with and be bound by these Host Guarantee Terms & Conditions.

Hosts may benefit from the Host Guarantee program which is subject to these terms and conditions (the “Host Guarantee Terms & Conditions”). The Host Guarantee Terms apply in addition to Terms of Service & Policies and the Payments Terms of Service.

All capitalized terms shall have the meaning set forth in the Terms of Service and Policies or Payments Terms of Service, unless otherwise defined in these Host Guarantee Terms & Conditions. If you agree to these Host Guarantee Terms & Conditions on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Host Guarantee Terms & Conditions and, in such event, “you” and “your” will refer and apply to that company or other legal entity. Except as permitted by law, these Host Guarantee Terms & Conditions do not affect your statutory rights.

HOMS Host Guarantee We’re committed to creating a safe, trusted and Muslim friendly community for every booking every time.

✓ Whenever a Guest makes a reservation and stays at your Homestay, you’re automatically

covered by our Host Guarantee. ✓ Caring and comprehensive. ✓ Up to RM500.00 of property damage protection.

What’s protected?

Damage to a Host’s property (home, unit, rooms, possessions) Every HOMS listing registered to HOMS apps.

Payments made through our Host Guarantee are subject to certain conditions, limitations, and exclusions. If damages occur, documentation (photos, receipts, etc.) will need to be provided as part of the process.

What’s NOT protected?

Personal injury and property damage claims from third parties. Damage to shared or common areas of the building that aren’t part of the listing itself. Cash and securities. ✓ Jewellery, collectibles, and artwork can have more limited protections. Ordinary wear and

tear are not protected.

HOMS agrees to pay you, as a Host, to repair or replace your Covered Property (as defined below) damaged or destroyed as a result of a Covered Loss (as defined below), subject to the limitations, exclusions and conditions in the Host Guarantee Terms & Conditions.

You must comply with all of the requirements and conditions in these Host Guarantee Terms & Conditions in order to be eligible to receive any payments for Covered Losses. Your failure to fully comply will prevent your recovery for any Covered Losses. Please carefully review the definitions of “Covered Homestay,” “Covered Losses,” “Covered Property” and “Excluded Property” below so that you may identify and protect property not covered by the HOMS Host Guarantee.

You acknowledge and agree to use your best efforts to communicate with the Responsible Guest (as defined below) as soon as possible after you discover any physical loss or damage to your Covered Property. You must notify HOMS as well as the Responsible Guest about your complaint and attempt to resolve the loss or damage with the Responsible Guest within the earlier of fourteen (14) days of the check-out date or before your next guest checks in. You may fulfil this obligation by submitting a claim via email to host@homs.com.my

You acknowledge and agree that any amount of Covered Losses payable to you under the HOMS Host Guarantee will be reduced by the amounts you have already collected for the same Covered Losses from a source other than the HOMS Host Guarantee, including without limitation: (1) amounts received under an insurance policy, guarantee or indemnity; (2) payment directly by the Responsible Guest or an Invitee (defined below), or other party or an insurer or guarantor of such party. Key Defined Terms

The following capitalized terms shall have the following meanings:

Actual Cash Value” means the amount it would cost to repair or replace damaged or destroyed Covered Property as a result of a Covered Loss, measured on the date of occurrence of such Covered Loss, with material of like kind and quality, with proper deduction for obsolescence and physical depreciation.

HOMS Host Damage Requisition Form” means HOMS’s standard form as amended from time to time, accessible by contacting customer service directly, that a Host uses to request payment from HOMS pursuant to these Host Guarantee Terms & Conditions.

Booking Income Loss” is the loss of booking income from the booked portion of a Covered Homestay (according to bona fide HOMS confirmed bookings, contracts or agreements in force prior to the established time of loss) by you, as a Host, resulting from a Covered Loss. Booking Income Loss does not include non-continuing charges and expenses or any loss of booking income during any period in which the Covered Homestay would not have been tenantable for any reason other than a Covered Loss. The Booking Income Loss will be measured starting from the time of occurrence of the Covered Loss and ending when the Covered Homestay can be made ready for habitation under the same or equivalent physical and operating conditions that existed prior to the damage.

Covered Homestay” means a Homestay located in the territory that can be used as a residence and that is (1) owned or legally controlled by you as a Host during the period of the Responsible Guest’s stay at such Homestay and (2) listed by you on the HOMS Platform and booked by such Responsible Guest in compliance with the HOMS Terms. A vehicle (including, but not limited to, automobiles, scooters, vespas, and motorcycles) or a watercraft (including, but not limited to, boats, yachts, jet skis and similar craft) booked through the Services constitutes a “Covered Homestay” only to the extent it is stationary and used solely for lodging purposes.

Covered Losses” means and is limited to direct physical loss or physical damage to a Host’s Covered Property caused by the Responsible Guest or an Invitee of the Responsible Guest during HOMS stay. Covered Losses do not include any losses or damage described under Excluded Losses below.

Covered Property” means and is limited to the following property located at a Covered Homestay, or within 1,000 feet thereof, to the extent of your interest in such property, unless such property constitutes Excluded Property (as defined below):

  • Real property, including new buildings and additions under construction located at the site of such Covered Homestay, in which you have an insurable interest.
  • Personal property that is:

✓ owned by you, including your interest as a tenant in improvements and

betterments. ✓ not owned by you but is in your custody and for which you are under obligation to

keep the personal property insured for physical loss or damage. ✓ not owned by you but is in your custody and for which you have legal liability for

physical loss or damage to the property.

Excluded Losses” has the meaning set forth in paragraph “Limitations and Exclusions”.

Excluded Property” means any of the following:

✓ Currency, money, precious metal in bullion form, notes or securities. ✓ Land, water or any other substance in or on land; except this exclusion does not apply to (1) land improvements consisting of landscape gardening, roadways and pavements, but not including any fill or land beneath such property, or (2) water that is contained within any enclosed tank, piping system or any other processing equipment. ✓ Animals, including, but not limited to, livestock and pets. ✓ Standing timber; growing crops. ✓ Watercraft (including, but not limited to, boats, yachts, jet skis, and similar craft), aircraft, spacecraft, and satellites. This watercraft exclusion does not apply with respect to any watercraft which is a Covered Homestay. However, this exclusion does apply to vessels that, at the time of the loss, are in transit, or are moving greater than 10 feet from their usual fixed location and moving faster than one mile per hour. ✓ Vehicles (including, but not limited to, automobiles, scooters, vespas, and motorcycles). This exclusion does not apply with respect to any vehicle that is a Covered Accommodation. However, this exclusion does apply to vehicles that, at the time of the loss, are in transit, or are moving greater than 10 feet from their usual fixed location and moving faster than one mile per hour. ✓ Underground mines or mine shafts or any property within such mine or shaft. ✓ Dams, dikes and levees. ✓ Property in transit, except as otherwise provided by these Host Guarantee Terms &

Conditions. ✓ Transmission and distribution lines beyond 1,000 feet of the Covered Homestay. ✓ Any damage to any property that is not in, at, or on a Covered Homestay. ✓ Real property owned by a party other than you and that you do not control.

Fine Arts” means paintings; etchings; printed photos; pictures; tapestries; rare or art glass; art glass windows, valuable rugs; statuary; sculptures; antique furniture; antique jewellery; bric-a-brac; porcelains; and similar property of rarity, historical value, or artistic merit. “Fine Arts” does not include automobiles, coins, stamps, other collectibles, collections, furs, jewellery, precious stones, precious metals, watercraft, aircraft, money, or securities.

Invitee” means a person invited to be present at a Covered Homestay by a Responsible Guest.

Limit” means Ringgit Malaysia Five Hundred (RM500.00), or its equivalent in the currency where the Covered Homestay is located at the exchange rate applicable on the date of payment by HOMS under these Host Guarantee Terms & Conditions.

Ordinary Wear and Tear” means the deterioration in condition of property that occurs under normal use and conditions.

Responsible Guest” means the Guest who booked your Covered Homestay for the period during which you incurred the Covered Losses.

  • Limitations and Exclusions

The HOMS Host Guarantee pays Covered Losses only and does not pay for any of the following (“Excluded Losses”):

  • any losses caused by a Guest or Invitee after the expiration of the booking period shown in the applicable Listing.
  • losses or damages for Covered Property, which arise out of any one booking of a Covered Homestay by a Responsible Guest, in excess of the Limit.
  • in the case of Fine Arts, losses or damages if the Fine Arts cannot be replaced with other of like kind and quality and any loss or damage from any repairing, restoration or retouching process.
  • any losses, damages, cost or expense of whatsoever nature, directly or indirectly, caused by, relating to or resulting from any of the following:

✓ Excluded Property; ✓ acts of nature, including, but not limited to, earthquakes and weather-related

events such as hurricanes and tornadoes; floods, fire, ✓ excessive use of electricity, gas, fuel, water or other utilities provided for the

Covered Homestay; ✓ indirect or remote causes; ✓ interruption of business, loss of market and/or loss of use, except that the Host

Guarantee does cover Booking Income Loss; ✓ loss, damage, or deterioration arising from any delay; ✓ mysterious disappearance, loss, or shortage disclosed on taking inventory, or any

unexplained loss of inventory; ✓ enforcement of any law or ordinance (1) regulating the construction, repair, replacement, use or removal of any property, including removal of debris, or (2) requiring the demolition of any property, including the cost of removing its debris; ✓ animals, including injuries to animals, veterinary care, boarding, medications, and

all other services associated with animals; or ✓ identity theft or identity fraud.

  • any losses, damages, cost or expense of whatsoever nature, directly or indirectly, caused by or resulting from any of the following, regardless of any other cause or event contributing thereto:

✓ any hostile act or act of war, terrorism, insurrection or rebellion; ✓ actual or threatened malicious use of poisonous biological or chemical materials; ✓ nuclear reaction or radiation or radioactive contamination; ✓ seizure or destruction under quarantine or custom regulation, or confiscation by

order of any governmental or public authority; ✓ contraband, or illegal transportation or trade; ✓ any dishonest act, including but not limited to theft, committed by you or any persons or entities retained by you to do anything in connection with Covered Property, unless such persons or entities are a Responsible Guest or Invitee and such act is done without your knowledge; or ✓ lack of electricity, fuel, water, gas, steam, refrigerant, sewerage, telephone or

internet services due to external factors.

  • the following conditions:

✓ faulty workmanship, material, construction or design from any cause; ✓ deterioration, depletion, rust, corrosion or erosion, inherent vice or latent defect; ✓ ordinary wear and tear; ✓ settling, cracking, shrinking, bulging, or expansion of foundations, floors,

pavements, walls, ceilings or roofs; ✓ changes of temperature or relative humidity; or ✓ damage caused by insects, animals or vermin (including pets);

  • provided, that any physical damage resulting from any of the conditions listed above will be covered by the Host Guarantee if not otherwise excluded under the Host Guarantee.
  • any losses, damages, claims, costs, expenses or other sums directly or indirectly arising out of or relating to mold, mildew, fungus, spores or other microorganism of any type, nature, or description, including but not limited to any substance whose presence poses an actual or potential threat to human health. This exclusion applies even if there is (1) any physical loss or damage to Covered Property; (2) any peril or cause covered hereunder, whether or not contributing concurrently or in any sequence; (3) any loss of use, occupancy, or functionality; or (4) any action required, including but not limited to, repair, replacement, removal, clean up, abatement, disposal, relocation, or steps taken to address medical or legal concerns.
  • any fees that may be charged to a Guest by a Host for additional individuals invited to, or otherwise provided access to, the Covered Homestay who are not included in the Guest’s booking of such Covered Homestay.
  • Costs arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate, any and all Electronic Data will not be paid. “Electronic Data” means information, facts or programs, stored as or on, created or used on, or transmitted to or from any Electronic Media. “Electronic Media” means computer software, including systems and applications software, hard or floppy disks, CDROMS, tapes, drives, cells, data processing devices or any other media which are used with, electronically controlled equipment.
  • Conditions to the Host Guarantee

In order to be eligible to obtain payment under these Host Guarantee Terms & Conditions, you must fully comply with each of the following conditions. Your failure to fully comply will prevent your recovery of any Covered Losses. In all cases, the onus will be upon you to demonstrate that you have complied with the following conditions.

You must have incurred Covered Losses.

You must have used reasonable efforts in connection with the stay of the Responsible Guest at such Covered Homestay to comply with HOMS’s safety guidelines.

You must inspect the applicable Covered Homestay to determine whether there are any physical losses or damages to any Covered Property and notify HOMS of such losses or damages within the earlier of (1) fourteen (14) days following the date of termination of the Responsible Guest’s booking of the applicable Covered Homestay or (2) the date by which the next subsequent booking of the same Covered Homestay begins. You can notify HOMS either by opening a claim by contacting HOMS directly.

For all Covered Property which is damaged or destroyed due to a violation of law or criminal act or misdemeanour and for which you are filing Host Damage Requisition Form, you must file a police report listing such Covered Property and provide HOMS with a copy of such report, certified by you as true and correct.

You must provide HOMS with proof of ownership of, or legal responsibility for, the Covered Property in the form of receipts, photographs, videos, documents or other customary forms of proof (including, but not limited to, appraisal or valuation forms or notices addressed to you) certified by you as true and correct and reasonably acceptable to HOMS.

Within thirty (30) days after you have incurred a Covered Loss, you must (1) complete and file Host Damage Requisition Form and (2) deliver a signed and sworn proof of loss to us, unless we provide a written extension of such deadline. The proof of loss must state your knowledge and belief as to the following:

The time, cause and origin of the Covered Loss, and evidence and proof of such loss in the form of receipts, photographs, videos, documents and other verifiable forms of proof. The ownership, leasehold or other interest of you and all other parties in the Covered

Property for which Covered Loss is claimed. The Actual Cash Value and replacement value of each item of the Covered Property, as well

as the amount of such loss or damage to each item of such Covered Property. All liens, encumbrances, mortgages, guarantees and all other contracts of insurance, whether valid or not, covering the Covered Property that is the subject of the Covered Loss. Any changes in the title, use, occupation, location, possession, or exposures of the Covered

Homestay since the date of the Listing. The identity of and other information known about the Responsible Guest, any Invitee and any other party present at or using the Covered Homestay where the Covered Property is located for which the Covered Loss is claimed on the date of the Covered Loss, and the purpose for which such Covered Homestay was being used by such parties on such date and whether or not it then stood on leased ground.

The date when you contacted the Responsible Guest to request payment for the loss you are claiming, and the date on which the Responsible Guest declined or failed to pay for the loss.

As part of the signed and sworn proof of loss described above, you must provide HOMS with all information it reasonably requests in order to determine the Actual Cash Value with respect to Covered Property, including: the original purchase price of such Covered Property, the date such Covered Property was acquired, the condition of such Covered Property and the estimated cost of repair or replacement of such Covered Property.

You must (1) protect and preserve damaged Covered Property from further loss or damage and (2) promptly separate the damaged and undamaged Covered Property, put it in the best possible order, and furnish a complete inventory of the lost, destroyed, damaged and undamaged property showing in detail the quantities, costs, Actual Cash Value, and amount of loss claimed.

You must, as often as may be reasonably requested by HOMS or its designees (1) exhibit all that remains of any damaged Covered Property and sign the written records of examination; (2) produce for examination all books of accounts, business records, bills, invoices, and vouchers (either originals or certified copies if originals are lost) and (3) permit extracts and machine copies to be made of the above.

You must permit HOMS or its designee(s) to make inspections of Covered Property at all reasonable times. However, the right to make inspections, the making of inspections, and any analysis, advice, or inspection report will not constitute an undertaking by HOMS or HOMS’s insurer to determine or warrant that damaged Covered Property is safe or healthful. We will have no liability to you or any other person because of any inspection or failure to inspect.

You must cooperate with HOMS, including signing any documents, and timely responding to any reasonable requests for additional information or documentation that HOMS or its designees may require or request to process the applicable Host Damage Requisition Form.

  • Disposition of Host Payment Requests

Host Damage Requisition Form

HOMS will complete its processing of any Host Damage Requisition Form that you file within a reasonable period following the date you have (1) completed and filed a Host Damage Requisition Form, and (2) provided HOMS with all information and materials that you are required to provide to comply with the conditions set forth in “Conditions to the HOMS Host Guarantee” above. In any event, we will use commercially reasonable efforts to complete processing of your Host Damage Requisition Form within three (3) months after our receipt of such documents and information. If you receive an Approved Payment Request (as defined below), then as a condition to payment to you under the HOMS Host Guarantee, you will be required to execute and deliver to HOMS the “Host Approved Payment Request Agreement”, which includes your agreement:

✓ to assign to HOMS or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an Approved Payment Request (defined below) from the Responsible Guest or from an Invitee or from any other party that is financially responsible for the Approved Payment Request;

✓ to reasonably cooperate with us, including, at our request, appearing as a witness in any court, arbitration or like proceeding, if we seek to recover the amount paid to you with respect to an Approved Payment Request from the Responsible Guest or from an Invitee or from any other party; ✓ to release and hold harmless HOMS and its insurer and all officers, directors, employees, contractors and agents of HOMS from any further liability or obligations with respect to the facts and circumstances of the matters and incident set forth in the Host Damage Requisition Form; ✓ if requested, to treat as “confidential information” the amount of any payment made under

the HOMS Host Guarantee; and ✓ to refund to us any amounts in excess of the Covered Loss in the Approved Payment

Request as a result of a systems or payment processing error.

The duration of the processing period of any Host Damage Requisition Form that you file will depend on factors that include, but are not limited to: (1) the amount of payment that you are requesting for the Covered Loss; (2) the location of the Covered Homestay; (3) the nature of the Covered Property and the nature of the Covered Losses; (4) the completeness and type of documentation and information that you provide HOMS regarding the Covered Losses; and (5) the number of HOMS Host Damage Requisition Forms that are currently being processed for other Hosts.

Approved Payment Request

If you have filed Host Damage Requisition Form and such a payment request is approved in whole or in part for a Covered Loss (any such approved payment request, an “Approved Payment Request”), you will be paid the amount of the Covered Loss as calculated by HOMS or its designees. The process for such calculation of Covered Losses is described under “Determination of the Amount of the Covered Loss” below. You will be notified by HOMS and, as a condition of payment hereunder, you will be required to deliver to HOMS an executed Approved Payment Request Agreement.

For an Approved Payment Request that involves Covered Losses for Covered Property that is owned by a party other than you, we reserve the right, in our sole discretion, to pay all or a portion of the amount covered in such Approved Payment Request either to you or directly to the owner of such Covered Property. If a Host Damage payment for all or a portion of such amount is made directly to the owner of such Covered Property, then you agree that such payment will be treated for purpose of the Approved Payment Request as being paid to you directly, and that you will be solely responsible for collecting from the owner of such Covered Property any portion of such payment to which you believe you are legally entitled. For clarity, your indemnification obligations set forth below under the paragraph entitled “Indemnification” will apply to claims arising from any payments made pursuant to the HOMS Host Guarantee, including without limitation any payments made directly to the owner of any Covered Property.

Determination of the Amount of the Covered Loss

The amount of Covered Losses will be computed as of the date of loss, at the location of the loss, and for not more than your interest, subject to the following:

  • On exposed films, records, manuscripts, drawings, and Electronic Media, the value blank plus the cost of copying information from back-up or from originals of a previous generation. Costs of research, engineering, or restoring or recreating lost information or Electronic Data will not be paid.
  • On Fine Arts articles, the lesser of (1) the reasonable and necessary cost to repair or restore such property to the physical condition that existed on the date of loss; (2) the cost to replace the article; and (3) the current appraised value. If the Fine Arts article is part of a pair or set, you will not be paid (4) for the cost of replacing any undamaged or remaining items that form part of such pair or set, (5) more than the proportion that the loss or damaged item bears to the insured value of such pair or set, or (6) the cost of replacing or repairing any undamaged parts of the Fine Arts articles which form part of a pair, set or suite or part of a common design or function when the loss or damage is restricted to a clearly identifiable area or to a specific part.
  • For all Covered Property (other than that described in paragraphs 1 and 2 above), the loss amount will be the lesser of (1) the Actual Cash Value (assuming such property is not repaired, replaced, or rebuilt on the same or another site within two years from the date of loss); (2) the cost to repair such damaged Covered Property; (3) the cost to rebuild or replace such Covered Property on the same site with new materials of like size, kind, and quality; (4) the cost to rebuild, repair, or replace on the same or another site, but not to exceed the size and operating capacity that existed on the date of the Covered Loss; or (5) the cost to replace unrepairable electrical or mechanical equipment, including computer equipment and Electronic Media, with equipment that is the most functionally equivalent to that damaged or destroyed, even if such equipment has technological advantages and/or represents an improvement in function and/or forms part of a program of system enhancement.
  • Any amount of any Covered Losses payable under the Host Guarantee will be reduced by the amount already paid to you or for your benefit by a Responsible Guest, Invitee or other source (such as an insurer or other responsible party) for the same Covered Loss.
  • Covered Losses will be paid in Ringgit Malaysia.

The HOMS Host Guarantee is not an insurance policy. To the extent you desire protection beyond the HOMS Host Guarantee, HOMS strongly encourages you to purchase insurance that will cover you and your property for losses caused by Guests or Guests’ invitees in the event your loss is not within the terms of the HOMS Host Guarantee.

  • Acknowledgment and Agreements by the Host

You acknowledge and agree that:

The HOMS Host Guarantee is a guarantee of obligations of a Responsible Guest to you and is dependent upon you pursuing any rights and remedies you may have to recover amounts paid by HOMS to you with respect to an Approved Payment Request from the Responsible Guest or from an Invitee or from any other party that is financially responsible for the Approved Payment Request.

HOMS provides Hosts with the HOMS Host Guarantee benefits described herein solely for the purpose of promoting use of the HOMS Platform by building customer loyalty and strengthening customer confidence as to use of the HOMS Platform. These Host Guarantee Terms are not intended to constitute an offer to insure, do not constitute insurance or an insurance contract, and do not take the place of insurance obtained or obtainable by you. Furthermore, these Host Guarantee Terms are not an insurance service agreement as defined in a standard ISO renter’s or homeowner’s insurance policy. The benefits provided under these Host Guarantee Terms are solely as set forth in the paragraph entitled “HOMS Host Guarantee” above and such benefits are not assignable or transferable by you, including without limitation any transfer or assignment by operation of law or in connection with your divorce or death. HOMS and/or its insurer reserve the right to independently investigate (or to have independently investigated) at our sole discretion and expense, the facts and circumstances of a payment request set forth in any Host Damage Requisition Form that you file with HOMS, notwithstanding your delivery of all information and materials that you are required to provide HOMS in order to comply with the conditions set forth in the paragraph entitled “Conditions to the HOMS Host Guarantee.”

You acknowledge and agree that if you make a claim under this Host Guarantee, you give HOMS consent to review all communications between you and the allegedly Responsible Guest via the HOMS Platform.

HOMS reserves the right, at any time, to offset or deduct from the amounts payable or paid by HOMS to you under these Host Guarantee Terms, any amounts that it may have in its possession, or to subsequently collect, from any other person or entity who is obligated to compensate you for losses or damages.

Because these Host Guarantee Terms constitute a guarantee agreement, the theory of exoneration applies. Thus, if the Covered Property in question or the risk associated with that Covered Property changes materially, HOMS will be entitled to exoneration with respect to any potential guaranty obligation under these Host Guarantee Terms.

  • Modification or Termination of HOMS Host Guarantee Terms

To the extent permissible by applicable law in your jurisdiction, HOMS reserves the right to modify or terminate these Host Guarantee Terms, at any time, in its sole discretion.

If HOMS terminates these Host Guarantee Terms, HOMS will provide you with notice by email at least thirty (30) days before such termination and HOMS will continue to process all Host Damage Requisition Forms that you filed prior to the effective date of termination, but your right to file any new Host Damage Requisition Forms will immediately terminate.

In addition to and without limiting HOMS’s rights set forth above in the immediately preceding paragraph, HOMS reserves the right to modify or terminate these Host Guarantee Terms generally or in any jurisdiction, at any time, in its sole discretion, if: (1) these Host Guarantee Terms are construed to be an offer to insure or constitute insurance or an insurance contract or insurance service agreement by any governmental or regulatory authority in any jurisdiction; (2) HOMS is required to obtain a license or permit of any kind to continue to provide these Host Guarantee Terms in any jurisdiction; or (3) HOMS determines or a court or arbitrator holds that the provisions

of these Host Guarantee Terms violate applicable law. If HOMS modifies or terminates these Host Guarantee Terms in accordance with the foregoing, HOMS will process all HOMS Host Damage Requisition Forms that you file prior to or as of the effective date of such modification or termination unless such processing is prohibited by law, regulation, ordinance, order, or decree of any governmental or other authority.

  • Subrogation

HOMS and/or HOMS’s insurer have the right to subrogate against any person or entity whatsoever who allegedly is responsible for causing the losses or damages in question, even if that person or entity is you. Further, you hereby agree that, with respect to any payments made under the HOMS Host Guarantee by, or on behalf of, HOMS, you will assist in and cooperate fully with HOMS regarding any and all efforts at subrogation.

  • Disclaimers and Limitations of Liability

If you choose to use the HOMS Platform as a Host, you do so at your sole risk. The HOMS Host Guarantee is provided “as is”, without warranty of any kind, either express or implied.

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the HOMS Platform, and your listing of any Accommodations via the HOMS Platform remains with you. Neither HOMS nor any other party involved in creating, producing, or delivering the HOMS Platform will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure, or for any damages for (1) personal or bodily injury or emotional distress arising out of or in connection with these Host Guarantee terms, (2) from the use of or inability to use the HOMS Platform, (3) from any communications, interactions or meetings with other users of the HOMS Platform or other persons with whom you communicate or interact as a result of your use of the HOMS Platform, or (4) from your listing of any Homestay via the HOMS Platform. HOMS will not be liable for any such damages described above, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not HOMS has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

Except for HOMS’s obligation to pay amounts to you pursuant to an Approved Payment Request under these Host Guarantee Terms, in no event will HOMS’s aggregate liability arising out of or in connection with (a) these Host Guarantee Terms; (b) your use of or inability to use the HOMS Platform including, but not limited to, posting a Listing, (c) any Homestay and (d) your interactions with any other Members, exceed the amounts paid by HOMS to you in the twelve (12) month period prior to the event giving rise to the liability, or Ringgit Malaysia One Hundred (RM100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between HOMS and you. Some jurisdictions do not allow the exclusion for certain limitations of liability, so the above limitations may not apply to you. If you reside outside of Malaysia, this does not affect HOMS’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a

fundamental matter or any other liability which cannot be excluded or limited under applicable law.

  • Dispute Resolution and Arbitration Agreement
  1. This Dispute Resolution and Arbitration Agreement shall apply if you bring any claim against Homs in Malaysia.

Overview of Dispute Resolution Process. HOMS is committed to participating in a consumer- friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom Section 1 applies: (1) an informal negotiation directly with HOM’s customer service team, and (2)a binding Dispute Resolution administered by The Tribunal for Consumer Claims Malaysia (TCC) established under Consumer Protection Act 1999. Specifically, The Tribunal for Consumer Claims Malaysia (TCC) provide:

✓ Claims that can be filed through all tribunal branches or through E-Tribunal portal by filling

up claim form which is known as Form 1; ✓ Form 1 must be completed in 4 copies by the claimant and filed in the nearest office of the

tribunal; ✓ The filing fee for Form 1 is RM5.00 and an official receipt will be issued to the claimant; ✓ Form 1 will be registered dated and signed by the Secretary or an Assistant Secretary of the tribunal and affixed with the seal of the tribunal. Two copies of Form 1 that have been affixed with the seal of the tribunal shall be returned to the claimant for service; ✓ The tribunal has jurisdiction in respect of any claim not more than RM25,000.00 filed within

3 years of the dispute. ✓ Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and HOMS each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact Homs customer service team by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the Tribunal for Consumers Claims Malaysia (TCC) and as specified in the TCC Rules.

Agreement to Arbitrate. You and HOMS mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement or interpretation thereof, or to the use of the Homs Platform, the Host Services, or the Collective Content (collectively, “Disputes”) will be settled by binding arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Homs agree that the arbitrator will decide that issue.

Exceptions to Arbitration Agreement. You and HOMS each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (1)Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (2)Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).

Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

No Class Actions or Representative Proceedings. You and HOMS acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless you and HOMS both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute.

Jury Trial Waiver. You and HOMS acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.

No Class Actions or Representative Proceedings. You and HOMS acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative proceeding as to all Disputes. Further, unless you and HOMS both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If the “class action lawsuit” waiver or the “class-wide arbitration” waiver in this Section is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute and the Dispute must proceed in court. If the “private attorney general action” waiver or the “representative proceeding” waiver in this Section is held unenforceable with respect to any Dispute, those waivers may be severed from this Arbitration Agreement and you and HOMS agree that any private attorney general claims and representative claims in the Dispute will be severed and stayed, pending the resolution of any arbitrable claims in the Dispute in individual arbitration.

Severability. Except as provided in paragraph (“No Class Actions or Representative Proceedings”), in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.

Changes. Notwithstanding the provisions of Section (“Modification of these Terms”), if HOMS changes this (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of HOMS’s email to you notifying you of such change. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and HOMS (or your prior consent to

any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and HOMS.

  • General Provisions

Indemnification You agree to release, defend, indemnify, and hold HOMS and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with the HOMS Host Guarantee and these Host Guarantee Terms.

If you rent (rather than own) the Homestay that you list as a Covered Homestay, the immediately preceding paragraph applies specifically to any dispute between you and the owner of the Homestay. You are fully responsible for securing the lessor’s permission to list the Homestay with HOMS and complying with the scope of any permission granted.

Entire Agreement These Host Guarantee Terms constitute the entire and exclusive understanding and agreement between HOMS and you regarding the HOMS Host Guarantee and these Host Guarantee Terms and supersede and replace any and all prior oral or written understandings or agreements between HOMS and you regarding the HOMS Host Guarantee.

Assignment You may not assign or transfer these Host Guarantee Terms, by operation of law or otherwise, without HOMS’s prior written consent. Any attempt by you to assign or transfer these Host Guarantee Terms, without such consent, will be null and of no effect. HOMS may assign or transfer these Host Guarantee Terms, at its sole discretion, without restriction. Your right to terminate the Agreement with HOMS remains unaffected. Subject to the foregoing, these Host Guarantee Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be in writing and given by HOMS via email, HOMS Platform notification, or messaging service (including SMS and WhatsApp).

Controlling Law and Jurisdiction These Host Guarantee Terms will be interpreted in accordance with “Applicable Law and Jurisdiction (in Section 23) of these Terms of Service and Policies.

Waiver and Severability The failure of HOMS to enforce any right or provision of these Host Guarantee Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of HOMS. Except as expressly set forth in these Host Guarantee Terms, the exercise by either party of any of its remedies under these Host Guarantee Terms will be without prejudice to its other remedies under these Host Guarantee Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Host Guarantee Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Host Guarantee Terms will remain in full force and effect.

17. ROUNDING OFF, CURRENCY CONVERSION

HOMS generally supports payment amounts that are payable from or to Guests or Hosts to the smallest unit supported by a given currency (i.e., MYR, SGD, USD, Euro or other supported currencies). Where HOMS’s third-party payment services provider does not support payments in the smaller unit supported by a given currency, HOMS may, in its sole discretion, round up or round down amounts that are payable from or to Guests or Hosts to the nearest whole functional base unit in which the currency is denominated (i.e. to the nearest MYR, SGD, USD, Euro or other supported currency); for example, HOMS may round up an amount of RM101.50 to RM102.00, and round down an amount of RM101.49 to RM101.00.

18. TAXES

As a Host you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable GST, SST or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes (“Taxes“).

Tax regulations may require us to collect appropriate Tax information from Hosts, or to withhold Taxes from pay-outs to Hosts, or both. If a Host fails to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from pay-outs to you, we reserve the right to freeze all pay-outs, withhold such amounts as required by law, or to do both, until resolution.

You understand that any appropriate governmental agency, department and/or authority (“Tax Authority“) where your Homestay is located may require Taxes to be collected from Guests or Hosts on Listing Fees, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Listing Fees set by Hosts, a set amount per day, or other variations.

In certain jurisdictions, HOMS may decide in its sole discretion to facilitate collection and remittance of Occupancy Taxes from or on behalf of Guests or Hosts, in accordance these Terms (“Collection and Remittance“) if such jurisdiction asserts HOMS or Hosts have an Occupancy Tax collection and remittance obligation. In any jurisdiction in which we decide to facilitate direct Collection and Remittance, you hereby instruct and authorize HOMS (via HOMS Payments) to collect Occupancy Taxes from Guests on the Host’s behalf at the time Listing Fees are collected, and to remit such Occupancy Taxes to the Tax Authority. The amount of Occupancy Taxes, if any, collected and remitted by HOMS will be visible to and separately stated to both Guests and Hosts on their respective transaction documents. Where HOMS is facilitating Collection and Remittance, Hosts are not permitted to collect any Occupancy Taxes being collected by HOMS relating to their Homestay in that jurisdiction.

You agree that any claim or cause of action relating to HOMS’s facilitation of Collection and Remittance of Occupancy Taxes shall not extend to any supplier or vendor that may be used by HOMS in connection with facilitation of Collection and Remittance, if any. Guests and Hosts agree that we may seek additional amounts from you in the event that the Taxes collected and/or remitted are insufficient to fully discharge your obligations to the Tax Authority and agree that your sole remedy for Occupancy Taxes collected is a refund of Occupancy Taxes collected by HOMS

from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.

HOMS reserves the right, with prior notice to Hosts, to cease the Collection and Remittance in any jurisdiction for any reason at which point Hosts and Guests are once again solely responsible and liable for the collection and/or remittance of any and all Occupancy Taxes that may apply to Homestay in that jurisdiction.

19. PROHIBITED ACTIVITIES

You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the HOMS Platform. In connection with your use of the HOMS Platform, you will not and will not assist or enable others to:

breach or circumvent any applicable laws or regulations, agreements with third-parties,

third-party rights, or our Terms of Services and Policies; use the HOMS Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies HOMS endorsement, partnership or otherwise misleads others as to your affiliation with HOMS; copy, store or otherwise access or use any information, including personally identifiable information about any other Member, contained on the HOMS Platform in any way that is inconsistent with HOMS’s Privacy Policy (Section 25) or these Terms or that otherwise violates the privacy rights of Members or third parties; use the HOMS Platform in connection with the distribution of unsolicited commercial

messages (“spam”); offer, as a Host, any Homestay that you do not yourself own or have permission to make

available as a residential or other property through the HOMS Platform; unless HOMS explicitly permits otherwise, book any Listing if you will not actually be using

the Host Services yourself; contact another Member for any purpose other than asking a question related to your own booking, Listing, or the Member’s use of the HOMS Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval; use the HOMS Platform to request, make or accept a booking independent of the HOMS

Platform, to circumvent any Service Fees or for any other reason; request, accept or make any payment for Listing Fees outside of the HOMS Platform or HOMS Payments. If you do so, you acknowledge and agree that you: (1) would be in breach of these Terms; (2) accept all risks and responsibility for such payment, and (3) hold HOMS harmless from any liability for such payment; misuse or abuse any Listings or services associated with HOMS; use, display, mirror or frame the HOMS Platform or Collective Content, or any individual element within the HOMS Platform, HOMS’s name, any HOMS trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the HOMS Platform, without HOMS’s express written consent;

dilute, tarnish or otherwise harm the HOMS brand in any way, including through unauthorized use of Collective Content, registering and/or using HOMS or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to HOMS domains, trademarks, taglines, promotional campaigns or Collective Content; use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the HOMS Platform for any purpose; avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by HOMS or any of HOMS’s providers or any other third party to protect the HOMS Platform; attempt to decipher, decompile, disassemble or reverse engineer any of the software used

to provide the HOMS Platform; take any action that damages or adversely affects, or could damage or adversely affect the

performance or proper functioning of the HOMS Platform; export, re-export, import, or transfer the Application except as authorized by the law, the

export control laws of your jurisdiction, and any other applicable laws; or violate or infringe anyone else’s rights or otherwise cause harm to anyone. No alcohol/dog/pork allowed within the premises apply to both Host and Guest.

You acknowledge that HOMS has no obligation to monitor the access to or use of the HOMS Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (1) operate, secure and improve the HOMS Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (2) ensure Members’ compliance with these Terms; (3) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (4) as otherwise set forth in these Terms. Members agree to cooperate with and assist HOMS in good faith, and to provide HOMS with such information and take such actions as may be reasonably requested by HOMS with respect to any investigation undertaken by HOMS or a representative of HOMS regarding the use or abuse of the HOMS Platform.

If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (1) engages in offensive, violent or sexually inappropriate behaviour, (2) you suspect of stealing from you, or (3) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to HOMS by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).

20. TERM AND TERMINATION, SUSPENSION AND OTHER MEASURES

This Agreement shall be effective for a thirty (30) days’ term, at the end of which it will automatically and continuously renew for subsequent thirty (30) days’ terms until such time when you or HOMS terminate the Agreement in accordance with this provision.

You may terminate this Agreement at any time by sending us an email. If you cancel your HOMS Account as a Host, any confirmed booking(s) will be automatically cancelled and your Guests will receive a full refund. If you cancel your HOMS Account as a Guest, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.

Without limiting our rights specified below, HOMS may terminate this Agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address.

HOMS may immediately, without notice, terminate this Agreement and/or stop providing access to the HOMS Platform if (1) you have materially breached your obligations under these Terms of Service and Policies (2) you have violated applicable laws, regulations or third party rights, or (3) HOMS believes in good faith that such action is reasonably necessary to protect the personal safety or property of HOMS, its Members, or third parties (for example in the case of fraudulent behaviour of a Member).

In addition, HOMS may take any of the following measures (1) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (2) you have breached these Terms of Service and Policies, applicable laws, regulations, or third party rights, (3) you have provided inaccurate, fraudulent, outdated or incomplete information during the HOMS Account registration, Listing process or thereafter, (4) you and/or your Listings or Host Services at any time fail to meet any applicable quality or eligibility criteria, (5) you have repeatedly received poor Ratings or Reviews or HOMS otherwise becomes aware of or has received complaints about your performance or conduct, (6) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (7) HOMS believes in good faith that such action is reasonably necessary to protect the personal safety or property of HOMS, its Members, or third parties, or to prevent fraud or other illegal activity:

refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member Content; cancel any pending or confirmed bookings; limit your access to or use of the HOMS Platform; temporarily or permanently revoke any special status associated with your HOMS Account; temporarily or in case of severe or repeated offenses permanently suspend your HOMS

Account and stop providing access to the HOMS Platform.

In case of non-material breaches and where appropriate, you will be given notice of any intended measure by HOMS and an opportunity to resolve the issue to HOMS’s reasonable satisfaction.

If we take any of the measures described above (1) we may refund your Guests in full for any and all confirmed bookings that have been cancelled, irrespective of pre-existing cancellation policies, and (2) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.

When this Agreement has been terminated, you are not entitled to a restoration of your HOMS Account or any of your Member Content. If your access to or use of the HOMS Platform has been limited or your HOMS Account has been suspended or this Agreement has been terminated by us, you may not register a new HOMS Account or access and use the HOMS Platform through HOMS Account of another Member.

If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.

21. DISCLAIMERS

If you choose to use the HOMS Platform or Collective Content, you do so voluntarily and at your sole risk. The HOMS Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.

You agree that you have had whatever opportunity you deem necessary to investigate the HOMS Services, laws, rules, or regulations that may be applicable to your Listings and/or Host Services you are receiving and that you are not relying upon any statement of law or fact made by HOMS relating to a Listing.

If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.

The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.

22. LIABILITY

You may acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the HOMS Platform and Collective Content, your publishing or booking of any Listing via the HOMS Platform, your stay at any Homestay, or use of any other Host Service, or any other interaction you have with other Members whether in person or online remains with you. Neither HOMS nor any other party involved in creating, producing, or delivering the HOMS Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (1) these Terms, (2) from the use of or inability to use the HOMS Platform or Collective Content, (3) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the HOMS Platform, or (4) from your publishing or booking of a Listing, including the provision or use of a Listing’s Host Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not HOMS has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Hosts pursuant to these Terms or an

approved payment request under the HOMS Host Guarantee, in no event will HOMS’s aggregate liability arising out of or in connection with these Terms and your use of the HOMS Platform including, but not limited to, from your publishing or booking of any Listings via the HOMS Platform, or from the use of or inability to use the HOMS Platform or Collective Content and in connection with any Homestay, other Host Service, or interactions with any other Members, exceed the amounts you have paid or owe for bookings via the HOMS Platform as a Guest in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Host, the amounts paid by HOMS to you in the twelve (12) month period prior to the event giving rise to the liability, or Malaysian Ringgit One Hundred (MYR100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between HOMS and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

23. INDEMNIFICATION

You agree to release, defend (at HOMS’s option), indemnify, and hold HOMS and its affiliates and subsidiaries, including but not limited to, HOMS Payments, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (1) your breach of these Terms of Service and Policies, (2) your improper use of the HOMS Platform or any HOMS Services, (3) your interaction with any Member, stay at an Homestay, or other Host Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (4) HOMS’s Collection and Remittance of Occupancy Taxes, or (5) your breach of any laws, regulations or third party rights.

24. DISPUTE RESOLUTION AND ARBITRATION AGREEMENT

  1. This Dispute Resolution and Arbitration Agreement shall apply if you bring any claim against HOMS in Malaysia.

Overview of Dispute Resolution Process. HOMS is committed to participating in a consumer- friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom paragraph no.1 applies: (1) an informal negotiation directly with HOM ‘s customer Service Team, and (2) a binding dispute resolution administered by The Tribunal for Consumer Claims Malaysia (TCC) established under Consumer Protection Act 1999. Specifically, The Tribunal for Consumer Claims Malaysia (TCC) provide:

✓ Claims that can be filed through all tribunal branches or through E-Tribunal portal by filling

up claim form which is known as Form 1; ✓ Form 1 must be completed in 4 copies by the claimant and filed in the nearest office of the

tribunal; ✓ The filing fee for Form 1 is RM5.00 and an official receipt will be issued to the claimant; ✓ Form 1 will be registered dated and signed by the Secretary or an Assistant Secretary of the tribunal and affixed with the seal of the tribunal. Two copies of Form 1 that have been affixed with the seal of the tribunal shall be returned to the claimant for service;

✓ The tribunal has jurisdiction in respect of any claim not more than RM25,000.00 filed within

3 years of the dispute.

Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and HOMS each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact HOMS customer service team by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the Tribunal for Consumers Claims Malaysia (TCC) and as specified in the TCC Rules.

Agreement to Arbitrate. You and HOMS mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement or interpretation thereof, or to the use of the Homs Platform, the Host Services, or the Collective Content (collectively, “Disputes”) will be settled by binding arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Homs agree that the arbitrator will decide that issue.

Exceptions to Arbitration Agreement. You and HOMS each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (1) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (2) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).

Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

No Class Actions or Representative Proceedings. You and HOMS acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless you and HOMS both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute.

Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

Jury Trial Waiver. You and HOMS acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.

No Class Actions or Representative Proceedings. You and HOMS acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative proceeding as to all Disputes. Further, unless you and HOMS both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If the “class action lawsuit” waiver or the “class-wide arbitration” waiver in this Section is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute and the Dispute must proceed in court. If the “private attorney general action” waiver or the “representative proceeding” waiver in this Section is held unenforceable with respect to any Dispute, those waivers may be severed from this Arbitration Agreement and you and HOMS agree that any private attorney general claims and representative claims in the Dispute will be severed and stayed, pending the resolution of any arbitrable claims in the Dispute in individual arbitration.

Severability. Except as provided in paragraph (“No Class Actions or Representative Proceedings”), in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.

Changes. Notwithstanding the provisions of Section (“Modification of these Terms”), if HOMS changes this (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of HOMS’s email to you notifying you of such change. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and HOMS (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and HOMS.

Survival Except as provided in this Section and subject to Section “Term and Termination, Suspension and other Measures”, this Section will survive any termination of these Terms and will continue to apply even if you stop using the HOMS Platform or terminate your HOMS Account.

25. APPLICABLE LAW AND JURISDICTION

These Terms will be interpreted in accordance with the laws of Malaysia, without regard to conflict- of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement must be brought in state or federal court in Malaysia unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Malaysia.

26. GENERAL PROVISIONS

Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between HOMS and you pertaining to the subject matter hereof and supersede any and all prior oral or written understandings or agreements between HOMS and you in relation to the access to and use of the HOMS Platform.

No joint venture, partnership, employment, or agency relationship exists between you and HOMS as a result of this Agreement or your use of the HOMS Platform.

These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

HOMS’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without HOMS’s prior written consent. HOMS may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with thirty (30) days prior notice. Your right to terminate this Agreement at any time remains unaffected.

Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically and given by HOMS via email, HOMS Platform notification, or messaging service (including SMS and WhatsApp). The date of receipt will be deemed the date on which HOMS transmits the notice.

27. HOMS PRIVACY POLICY

INTRODUCTION

Your trust is important to us and we’re committed to protecting the privacy and security of your personal information. The information that’s shared with us helps us to provide a great experience with HOMS. We have a dedicated privacy team that’s committed to protecting all the personal information we collect and help ensure that personal information is handled properly worldwide.

This Privacy Policy describes how we collect, use, process, and disclose your personal information, in conjunction with your access to and use of the HOMS Platform and the Payment Services. This privacy policy describes our privacy practices for all websites, platforms and services that link to it. Please read the privacy policy on the applicable site.

  • What information do we collect? We collect information from you when you register on our application or fill out a form. When registering on our application, as appropriate, you may be asked to enter your name or email address. You may however use our application anonymously.
  • What we use your information for? Any of the information we collect from you may be used in the one of the following ways:

✓ to personalize your experience (your information helps us to better respond to your

individual needs). ✓ to improve our application (we continually strive to improve our application offerings

based on the information and feedback we receive from you). ✓ to improve customer service (your information helps us to more effectively to your

customer service request and support needs). ✓ to process transactions

Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of service requested by the customer.

  • To send periodic emails The email address you provide, may be used to send you information and updates pertaining to your account, in addition to receiving occasional company news, updates, related product or service information, etc.

Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email. To administer your application account, promotion, survey and other application feature.

  • How do we protect your information? We implement a variety of security measures to maintain the safety of your personal information when you access your personal information.
  • Do we disclose any information to outside parties? We do not sell, trade or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who will assist us in operating our application, conducting our business or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our application policies, or protect ours or others right, property or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
  • Third party links Occasionally, at our discretion, we may include or offer third party products or services on our application. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our application and welcome any feedback about these sites.
  • Online Privacy Policy only This online Privacy Policy applies only to information collected through our online application and not to information collected offline.
  • Terms and Conditions Please also view our terms and conditions sections establishing the use, disclaimers, and limitations of liability governing the use of our application.
  • Your consent By using our application, you consent to our privacy policy.
  • Changes to our Privacy Policy If we decide to change our Privacy Policy, we will post those changes on this page.

This Policy was last modified on March 3, 2019.

  • Contacting Us If there are any questions regarding this Privacy Policy, you may contact or email us using the information below.

Tel no : +603 8920 0199

Customer service (Host) : host@homs.com.my Customer service (Guest) : guest@homs.com.my

28. FEEDBACK

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the HOMS Platform. You may submit Feedback by emailing us, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non- proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty- free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

Tel no. : +603 8920 0199

Customer service (Host) : host@homs.com.my

Customer service (Guest) : guest@homs.com.my