“Collective Content” means Registrant Content and Kaolahome Content.
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
“Listing Party” means a Registrant who creates a Listing via the Site, Application and Services.
“Listing” means a Rental Accommodation that is listed by a Listing Party as available for rental via the Site, Application, and Services.
"Kaolahome Content” means all Content that Kaolahome makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Registrant Content.
“Prospective Tenant” means a Registrant who requests Rental Properties via the Site, Application or Services.
“Referral Program” means the Service provided by Kaolahome that places Listing Parties and Prospective Tenants in contact with one another.
“Registrant” means a person who completes Kaolahome’s account registration process, including, but not limited to Listing Parties and Prospective Tenants, as described under “Account Registration” below.
“Registrant Content” means all Content that a Registrant posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.
“Rental Property“ refers to apartments and houses that are available for rent to Prospective Tenants.
“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes.
Other terms used herein shall have the definitions given where first defined within this document.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, OR BY PARTICIPATING IN THE REFERRAL PROGRAM, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR TO PARTICIPATE IN THE REFERRAL PROGRAM. If you accept or agree to these Terms 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 Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
The Site, Application and Services are intended solely for persons who are 14 or older. Any access to or use of the Site, Application or Services by anyone under 14 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 14 or older.
HOW THE SITE, APPLICATION AND SERVICES WORK
The Site, Application and Services can be used to facilitate the listing and reservation of Rental Properties. Such Rental Properties are included in Listings on the Site, Application and Services by Listing Parties (i.e., landlords and agents). You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to reserve a Rental Property or create a Listing, you must first register to create a Kaolahome Account (defined below).
Kaolahome makes available a platform or marketplace with related technology for Prospective Tenants and Listing Parties to meet online and arrange for reservations of Rental Properties. Kaolahome is not an owner or operator of properties, including, but not limited to, Rental Properties, nor is it a provider of properties, including, but not limited to, Rental Properties. Kaolahome does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties, including, but not limited to, Rental Properties.
Kaolahome responsibilities are limited to: (i) facilitating the availability of the Site, Application and Services and (ii) serving as an advertising venue and limited agent of each Listing Party for the purpose of accepting payments from Prospective Tenants on behalf of the Listing Party.
If you choose to require a security deposit for your Accommodation, you must specify this in your Listing ("Security Deposit/押金"). Hosts are not allowed to ask for a Security Deposit (i) after a booking has been confirmed or (ii) outside of the Kaolahome Platform.
You represent and warrant that any Listing you post and the booking of, or a Guest's stay at, an Accommodation will (i) not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, or other agreements, and (ii) 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 Accommodation at your request or invitation, excluding the Guest and any individuals the Guest invites to the Accommodation.
Kaolahome uses the 3rd party payment platform, Stripe, the Stripe API, and in conjunction, a Stripe account to process credit and debit card transactions for your account.
By using Kaolahome and agreeing to the Kaolahome Terms of Service, You also agree to be bound by Stripe’s Terms of Service. You expressly understand and agree that all payments
and monetary transactions are handled by Stripe. You agree that Kaolahome shall not be liable for any issues regarding financial and monetary transactions between You and any other
party, including Stripe. You are responsible for all transactions (one-time, recurring, and refunds) processed through the Service and/or Stripe. Kaolahome is not liable for loss or
damage from errant or invalid transactions processed with the Stripe account. You understand that Kaolahome uses the Stripe API to run the payment Service and that the Stripe API is
subject to change at any time and such changes may adversely affect the Service. You understand and agree to not hold Kaolahome liable for any adverse affects that actions (whether intentional or unintentional)
on the part of Stripe may cause.
You understand that in order to explore the Service through a Kaolahome Account, You will need to provide an Account Name and login credentials
MODIFICATION OF TERMS OF SERVICE
Kaolahome reserves the right, acting in its sole discretion, to modify or replace any of the Terms of Service, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending an email to You. Kaolahome may also impose limits on certain features and Services or restrict Your access to parts or all of the Service without notice or liability. You are responsible to check these Terms of Service periodically for changes, and Your continued use of the Service after the posting of any changes to the Terms of Service constitutes acceptance of those changes.
COPYRIGHT AND CONTENT OWNERSHIP
THIRD PARTY SERVICES
You acknowledge and understand that Kaolahome uses third party vendors to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. Kaolahome reserves the right to change Service providers at any time. Kaolahome is not responsible for any interruptions in the Service as a result of these third party vendors or its integration with them.
RULES AND CONDUCT:
As a condition of use, You promise not to use the Service for any purpose that is prohibited by these Terms of Service. By way of example, and not as a limitation, You agree not to take any action (and/or shall not permit any third party to take any action) on or through the Service that: • Infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty; • You know is false, misleading, untruthful or inaccurate; • Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; • Contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Kaolahome or any third party; • Impersonates any person or entity, including any employee or representative of Kaolahome. Additionally, You agree that You will not: • Take any action that imposes or may impose (as determined by Kaolahome in its sole discretion) an unreasonable or disproportionately large load on Kaolahome’s (or its third party providers’) infrastructure or the Service; • Interfere or attempt to interfere with the proper working of the Service or any activities conducted using the Service; • Bypass any measures Kaolahome may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); • Run Maillist, Listserv, any form of auto-responder or “spam” on the Service; or • Use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; • Disable or remove any of the features or design on the Service. You also agree that You will not (directly or indirectly): • Decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, • Modify, translate, or otherwise create derivative works of any part of the Service, or • Rent, lease, distribute, or otherwise transfer any of the rights that You receive hereunder, and that it, he, or she will, in the course of using the Service, abide by all applicable local, state, national and international laws and regulations.
You agree to pay the fees assessed by Kaolahome to You for providing the Service. We reserve the right to revise our Fees at any time.
Except as required by law, You are solely responsible for compiling and retaining permanent records of all transactions and other data associated with Your Kaolahome Account.
By registering for Kaolahome, You are confirming to be either a legal resident, a citizen, or a business entity authorized to conduct business.
Kaolahome grants You a personal, limited, non-exclusive, revocable, non-transferable license, without the right to sublicense, to electronically access and use the Service. The Service includes our website, any software, programs, documentation, tools, internet-based Services, components, and any updates (including software maintenance, Service information, help content, bug fixes or maintenance releases) thereto provided to You by Kaolahome.
The Service is licensed and not sold. We reserve all rights not expressly granted to You in this Agreement. The Service is protected by copyright, trade secret and other intellectual property laws. We own the title, copyright and other worldwide Intellectual Property Rights (as defined below) in the Service and all copies of the Service. This Agreement does not grant You any rights to our trademarks or Service marks. For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and Service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
The Agreement is effective upon the date You agree to it (by electronically indicating acceptance) and continues so long as You use the Service or until terminated by Kaolahome.
You may terminate this Agreement by closing Your Kaolahome Account. We may terminate this Agreement and close Your Account at any time for any reason stipulated explicitly or implicitly in these Terms of Service.
Kaolahome AND ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS PROVIDE THE SITE AND THE SERVICE “AS IS,” AND WITHOUT ANY WARRANTY, EXPRESS, IMPLIED, OR STATUTORY. Kaolahome’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM Kaolahome SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
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 Kaolahome Platform and Collective Content, your publishing or booking of any Listing via the Kaolahome Platform, your stay at any Accommodation, participation in any activities or Event or use of any other Host Service, participation in the Group Payment Service, or any other interaction you have with other Members whether in person or online remains with you. Neither Kaolahome nor any other party involved in creating, producing, or delivering the Kaolahome 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 (i) these Terms, (ii) from the use of or inability to use the Kaolahome Platform or Collective Content, (iii) 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 Kaolahome Platform, or (iv) 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 Kaolahome 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 in no event will Kaolahome’s aggregate liability arising out of or in connection with these Terms and your use of the Kaolahome Platform including, but not limited to, from your publishing or booking of any Listings via the Kaolahome Platform, or from the use of or inability to use the Kaolahome Platform or Collective Content and in connection with any Accommodation, Activities, Event,other Host Service, the Group Payment Service, or interactions with any other Members, exceed the amounts you have paid or owe for bookings via the Kaolahome 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 Kaolahome to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (US$100), 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 Kaolahome 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 Commonwealth of Australia, this does not affect Kaolahome’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.
You agree to indemnify and hold Kaolahome and (as applicable) any parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of his, her, or its breach of this Agreement (including any documents it incorporates by reference) or Your violation of any law or the rights of a third party.
No party will be liable for delays in processing or other nonperformance caused by such events as fires, telecommunications failures, utility failures, power failures, equipment failures, labor strife, riots, war, terrorist attack, nonperformance of our vendors or suppliers, acts of God, or other causes over which the respective party has no reasonable control, except that nothing in this section will affect or excuse Your liabilities and obligations under Section 10, including without limitation for reversals, chargebacks, claims, fines, fees, refunds or unfulfilled products and Services.
Kaolahome does not guarantee continuous, uninterrupted access to the Service, and operation of the Service. At any time the Service may be interfered with by numerous factors inside and outside Kaolahome’s control. If any provision of this Agreement is held unenforceable, then such provision will be disregarded, and all remaining provisions of this Agreement shall remain in full force and effect.
CHOICE OF LAW AND VENUE
This Agreement shall in all respects be interpreted and construed with and by the laws of the Commonwealth of Australia and other countries, excluding its conflicts of laws rules. Any lawsuit or other action to resolve any dispute arising in connection with or on account of any breach or alleged breach of this Agreement shall be brought in a state or federal count of Australia having jurisdiction and venue over the action. For this purpose, each User and Client Nonprofit waives any objection or defense based on lack of personal jurisdiction.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE