Host Agreement & TOS - Hong Kong
Last Revised : February 9, 2015
This website (the “Website”) and associated services (“services”) is published and maintained by “HOSBBY Inc.”
This Services Agreement (“Agreement”) constitutes a legal agreement between you, an individual (“you” ) and Hosbby, Inc. within the HKSAR. The Company, Hosbby, Inc. (“Hosbby,” “we,” “us,” “our”) provides its services (described below) to you through its website located at www.hosbby.com (the “Site”) and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following agreements. We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised.
You desire to enter into this Agreement for the purpose of accessing and using the “Services”. You acknowledge and agree that the Company is a service provider, the company itself does not provide activities and events to the users.
Venue safety & insurance: The host is responsible for all issues concerning venue safety. The host is responsible if the event/activities expose a guest into any form of potential danger. I (the HOST) shall be responsible for insurance coverage of certain events/activities. Hosbby will not be responsible for the venue or for any insurance issues.
In order to use the Hosbby Services, you must agree to the terms and conditions that are set forth below. Upon your execution of this Agreement, you and Company shall be bound by the terms and conditions set forth herein.
1. ACCESS AND USE OF THE SERVICE
1.1 SERVICES DESCRIPTION:
The Service is an online platform that connects users who have unique knowledge of and activity with a particular destination (“Hosts”). Through the Services, Hosts may create profiles (“Profiles”) that provide information on the host’s knowledge, describe their Activity, and make themselves available to offer certain services at a particular destination (each such service, an “Activity”).
1.2 PLATFORM NATURE OF THE SERVICES:
We make a platform available for Hosts to meet online, create listings for activities (“Services”), and earn money for their Activities when booked. Hosbby itself is not an operator of events, activities, nor is it a Host of tours or activities. Hosbby does not own, sell, resell, furnish, provide, manage and/or control any transportation, activity or tour services. Hobby’s responsibilities are limited to: (i) facilitating the availability of the online Services and (ii) serving as the limited agent of each Host for the purpose of accepting payments on the host’s behalf.
YOU UNDERSTAND AND AGREE THAT HOSBBY IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN USERS, NOR IS HOSBBY AN AGENT OR INSURER. THE SERVICES ARE INTENDED TO BE USED TO FACILITATE THE CONNECTIONS BETWEEN HOSTS AND USERS. HOSBBY CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY PROFILES AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY ACTIVITIES. HOSBBY HAS NO CONTROL OVER THE CONDUCT OF HOSTS AND OTHER USERS OF THE SERVICES OR ANY ACTIVITIES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD. ACCORDINGLY, THE PLANNING OR PARTAKING OF ANY ACTIVITIES ARE AT THE HOST’S AND/OR USER’S OWN RISK.
1.3 YOUR REGISTRATION OBLIGATIONS:
1.4 MEMBER ACCOUNT, PASSWORD AND SECURITY:
You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to immediately (a) notify Hosbby of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Hobby will not be liable for any loss or damage arising from your failure to comply with this Section.
1.5 MODIFICATIONS TO SERVICE:
Hosbby reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Hosbby will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
1.6 GENERAL PRACTICES REGARDING USE AND STORAGE:
You acknowledge that Hosbby may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Hosbby’s servers on your behalf. You agree that Hosbby has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Hosbby reserves the right to terminate accounts that are inactive for an extended period of time.
1.7 MOBILE SERVICES:
The Service may include certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent your access to the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Hosbby and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Hosbby account information to ensure that your messages are not sent to the person that acquires your old number.
2. HOST OBLIGATIONS:
As a Host you are expected to act with integrity; therefore we will not condone any sexual, violent, or illegal activities. We reserve the right to cancel and/or close your account at anytime if the content of your even is found lewd and unacceptable. Profiles are made to showcase your service and are made publicly available via the Service. Other Members may contact you based upon the information provided in your Profile. You acknowledge and agree that you are responsible for your Profiles and your own acts and omissions. You are also responsible for the acts and omissions of any individuals who are present during the Activity at your request or invitation. If a user requests your expertise for an Activity and participates in your Activity, any agreement you enter into with is between you and the user and Hosbby is not a party thereto.
Notwithstanding the foregoing, Hosbby as your limited authorised agent:for the purpose of accepting payments on your behalf, and is responsible for transmitting such payments to you, subject to these Terms of Service
You are responsible for all other bookings, including without limitation on-the-ground arrangements, events or Activities you host, and similar bookings.
You represent and warrant that your Profile and your planning of and/or guidance on any Activity:
(a )will not breach any agreements you have entered into with any third parties (such as any agreements with or rules of employers or local companies)
(b) will be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any such Activity, including, but not limited to, tourism, tour guide licensing laws, and other laws governing events and tours of public spaces and other venues and (c) not conflict with the rights of third parties.
Please note that Hosbby assumes no responsibility for any Host’s compliance with any applicable laws, rules and regulations.
Please also note that Hosbby reserves the right to block hosts’ accounts and/or deactivate their listings indefinitely especially if the host in question displays unreliable behaviour by not updating the activity calendar accurately, not responding to received messages in a timely manner (i.e. within 48 hours of receiving request), not responding to requests in a timely manner (i.e. within 48 hours of receiving the request), and achieving an acceptance rate of requests of less than 80%.
Hosbby recommends that Hosts obtain appropriate insurance for their Activities. Please review any insurance policy that you may have for your Activity carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of individuals while participating in your Activity.
Hosbby as a booking platform that provides free usage of the public listing of your event and online assist with online booking. We are not banning provide contact information between host and guest for the ease of communication. However, if we noticed that user intended to by pass Hosbby as a booking platform, we make suspense your account and hold any outstanding payout.
Hosbby does not endorse any Activities. In addition, although these Terms require users to provide accurate information, we do not attempt to confirm, and do not confirm, any user’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Services. We will not be responsible for any damage or harm resulting from your interactions with other users. By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against the particular user or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Hosbby with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other users via the Services regarding any bookings made by you. This limitation shall not apply to any claim by a Host against Hosbby regarding (i) the remittance of payments received by Hosbby on behalf of a Host or (ii) the failure of Hosbby to book a booking for which the a user provided accurate booking information, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.
3 BOOKINGS AND FINANCIAL TERMS FOR HOSTS:
3.1: Event hosting criteria ,fees of listing and Payout
HOSTS (Hosts who lead activities). Except in the case of a Pre-Approved Event (as defined below), if you are a Host and a booking is requested for your Activity via the Services, you will be required to either confirm or reject the booking within the specified timeframe (which is generally within 24-48 hours of when the booking is requested, as determined by Hosbby in its sole discretion) or the booking request will be automatically cancelled. If you are unable to confirm or decide to reject a booking of an activity within the specified timeframe, any amounts collected by Hosbby for the requested booking will be refunded to the applicable credit card, Paypal and any pre authorisation of such credit card will be released.
You may be able to create a Listing that is pre-scheduled for a specific time and date, where the booking may be automatically confirmed (a “Pre-Approved Event”). When a booking is requested via the Services, we may share with your basic profile of the user who has requested the booking. The fee displayed in each Listing is comprised of the Fees (defined below). The amounts due and payable by a the user who books, solely relating to a Host’s Activity are the “Service Fees”. Please note that it is the Host and not Hosbby, which determines the Service Fees. Hosbby charges a service fee to Host of 10% of applicable Fees the “Host Fees”. If extra services are requested, such as: venue scouting, rental, promotion, costs of service. Hosbby may make an adjustment to the commission mutually agreed upon by the two parties.
Hosbby will collect the Total Fees at the time of booking confirmation (i.e. when the Host confirms the booking within the specified timeframe) and will initiate payout of the Activity. Hosbby processes fees (less Host Fees) to the Host within 48 hours of when the user arrives at the applicable Activity (except to the extent that a refund is due to the attendee). However, please note that we will not be responsible for delays in remitting Service Fees, which can vary based on the bank, currency, location, etc.
Hosbby reserves the right to take back the charge of organising a certain activity from Hosts; the Reservation Amount they received for organising certain Activity, if upon the receipt of a complaint by a user with respect to such Activity, it believes, at its sole discretion, that such Activity was not compatible with Hosbby standards of service or in case of any misconduct of the Host. If the Activity did not satisfy the expectations of the attendee, the attendee will have 48 hours after the Activity to submit a claim for a potential refund.
1. Services fee of Hosbby: 10% of the listing price of events/activities ; Or we may negotiate with you if you request extra services provided by us e.g. marketing, video shooting.
2. Payout: Hosbby offers the Host only 3 ways of payout after the completion of the events / activities. Including: Paypal, Bank Transfer, and cheque by mail.Payout will be made by Hosbby according to your “my payout setting”, and will be processed 3 workings days after your event is completed. In the case any dispute is made by a guest, funds will be held up to 60 days until investigation is complete.
3.2 HOST’S CANCELLATION
If a Host cancels an event within the 48 hours before the event start time the Host will be given a warning. After receiving 3 warnings, the account will potentially be banned.
3.3 CANCELLATION DUE TO OUTSIDE FACTORS.
Certain Activities may depend on factors outside either party’s control, such as weather (“Outside Factors”). The Host has the discretion as to whether Outside Factors will prevent the Activity from taking place. As a Host if you need to cancel an Activity due to Outside Factors, you must contact Hosbby (at email@example.com as early as possible.
3.3.1 Cancelation of booking made by “Guest”
If a guest cancels a booking before the 48 hour period preceding the event start time they will receive 100% of booking fee back. If a guest cancels their booking WITHIN the 48 hours to 24 hour period before the event start time they will receive 50% of booking fee back. If a guest cancels a booking within the 24 hour period before the event start time they will receive no money back.
3.3.2 Cancelation of booking made by “Host”
If a host cancels their event anytime before the event starting time they must do so within the Hosbby system. The host agrees and understands that in the case of their cancellation, 100% of the booking fee will be returned to the guest.
1 warning will be assigned to the Host account if the cancellation is made within 48 hours of the event starting time, if the host accumulates a total of 3 warnings, the host’s account will be permanently terminated & the host’s remaining funds in Hosbby will be held for 6 months.
If a host listing is cancelled anytime before of the event tart time without acknowledging Hosbby, 100% of booking fee will be returned to the guest. 2 warnings will be assigned to the Host account, if accumulated total 3 warnings, your account will be permanently terminated and your remaining funds in Hosbby will be hold for 6 months.
In the case that the host is a no show 100% of booking fee will be returned to the guest. The host’s account will be permanently terminated and remaining funds in Hosbby will be hold for 6 months.
You understand and agree that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors. Hosbby cannot and does not offer tax-related advice to any users of the Services. Additionally, please note that each Host is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes within Itineraries.
5. USER CONDUCT
You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Hosbby. Hosbby reserves the right to investigate and take appropriate legal action against anyone who, in Hosbby’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
Email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorised advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libellous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Hosbby , is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Hosbby or its users to any harm or liability of any type;
Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Solicit personal information from anyone under the age of 18;
Harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
Further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service;
Offer, as a Host any Activities that you do not yourself have permission to provide (without limiting the foregoing, you will not list Activities as a Host if you are serving in the capacity of an agent for a third party);
Offer, as a Host any Activity that may not be provided pursuant to the terms and conditions of an agreement with a third party;
As a Host, submit any Profile or Itinerary with a false or misleading price information.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 SERVICE CONTENT, SOFTWARE:
You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorised by Hosbby, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorised herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith is the property of Hosbby, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Hosbby.
6.2 THIRD PARTY MATERIAL:
Under no circumstances will Hosbby be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Hosbby does not have a duty to pre-screen content, but that Hosbby and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Hosbby and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Hosbby, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
6.3 USER CONTENT TRANSMITTED THROUGH THE SERVICE:
With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyright and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant Hosbby and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sub licensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Hosbby are non-confidential and Hosbby will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Hosbby may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Hosbby. its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
6.4 THIRD PARTY WEBSITES:
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Hosbby has no control over such sites and resources and Hosbby is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Hosbby will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Hosbby is not liable for any loss or claim that you may have against any such third party.
7. SOCIAL NETWORKING SERVICES:
In addition, Hosbby is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Hosbby is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Hosbby enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
8. INDEMNITY AND RELEASE:
You agree to release, indemnify and hold Hosbby and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable legal ’fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another.
9. DISCLAIMER OF WARRANTIES:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HOSBBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
HOSBBY MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
10. LIMITATION OF LIABILITY:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT HOSBBY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HOSBBY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL HOSBBY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID HOSBBY IN THE LAST SIX (6) MONTH.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
At Hosbby ’s or your election, all disputes, claims, or controversies arising out of or relating to the Terms of Service or the Service that are not resolved by mutual agreement may be resolved by binding arbitration. Unless otherwise agreed by the parties, arbitration will be held in HKSAR before a single arbitrator mutually agreed upon by the parties.
You agree that Hosbby, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Hosbby believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Hosbby may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Hosbby may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Hosbby will not be liable to you or any third party for any termination of your access to the Service.
13. USER DISPUTES:
You agree that you are solely responsible for your interactions with any other user in connection with the Service and Hosbby will have no liability or responsibility with respect thereto. Hobby reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
If any dispute or claim is made by a guest, complaining about host services, Hosbby reserve the right to hold my funds until investigation of conflict is completed. The processing time takes up to 180 days starting when the first dispute was made.
These Terms of Service constitute the entire agreement between you and Hosbby and govern your use of the Service, superseding any prior agreements between you and Hosbby with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software.
With respect to any disputes or claims not subject to arbitration, as set forth above, you and Hosbby agree to submit to the personal and exclusive jurisdiction of Hong Kong SAR. The failure of Hosbby to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of Hosbby, but Hosbby may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail.
BY CLICKING “I ACCEPT”, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND TAKE STEPS TO THOUGHTFULLY CONSIDER THE CONSEQUENCES OF THIS AGREEMENT, THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THE AGREEMENT, AND THAT YOU ARE LEGALLY COMPETENT TO ENTER INTO THIS AGREEMENT WITH COMPANY.
QUESTIONS? CONCERNS? SUGGESTIONS?
Please contact us at firstname.lastname@example.org to report any violations of these Terms of Service or to pose any questions regarding this Agreement.