Thank you for using HOHOJO.com (hereinafter referred to as “"the Website", “HOHOJO”, “We”, “Us”. “Our”). The following is the Terms and Conditions (Terms and Conditions) of the Website, please read carefully. If you do not agree to these Terms and Conditions, you have no right to obtain information from or otherwise continue using the Website or Application.

HOHOJO provides an online platform that connects Landlords (Any HOHOJO user who posted a listing which is NOT under the category of “To Travel” or “Space Sharing”, they are collectively referred to as “Landlord”) or Host (Any HOHOJO user who posted a listing under the category of “To Travel” or “Space Sharing”, they are collectively referred to as “Host”) who have accommodations to rent with Tenants (Any HOHOJO user who contacts the Landlord will be subsequently referred as the Tenant.) or Guests (Any HOHOJO user who contacts the Host will be subsequently referred as the Guest.) seeking to rent such unit, (hereinafter collectively referred to as Services), which Services are accessible at www.HOHOJO.com, and as an application for mobile devices (hereinafter collectively referred to as the “Application”). By visiting and or continued use of the Services available through the Website and the Application, you agree to comply with and be legally bound by all of the Terms and Conditions stipulated herein and shall be conclusively deemed you acceptance of the modifications whether or not you become a registered user of the Services.

By using the particular Services in the Website and Application, provision and / or regulation of particular services in the Website shall apply in respect of dealings and/ or transactions concerning the corresponding services, and the provisions and/or regulations of particular services shall become parts of the Terms and Conditions.

The Website and Application reserves the right to modify the Terms and Conditions stipulated herein or any of them, or all of the features of or services available through the Website. Such modifications, if any, shall be effective immediately upon either posting of the modified Terms and Conditions or features, or notifying you as the case may be.


Eligibility
The Website and Application are intended solely for persons who are 18 or older. Any access to or use of the Website and Application by anyone under 18 is expressly prohibited. By accessing or using the Website or Application you represent and warrant that you are 18 or older.


How the Site, Application and Services Work
The Website and Application can be used to facilitate the listing and request to rent of residential and other properties (“Rental Units”). Such Rental Units are included in Listings on the Website and Application by Landlords. You may view Listings as an unregistered visitor to the Website and Application; however, if you wish to make a request to rent a Rental Unit or create a Listing, you must first register to create an HOHOJO Account (defined below).  As stated above, HOHOJO makes available a platform or marketplace with related technology for Tenants and Landlords to meet online and arrange the request to rent of Rental Units. HOHOJO is not an owner or operator of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Rental Units, nor is it a provider of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Rental Units and HOHOJO does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Rental Units or transportation or travel services. HOHOJO’s responsibilities are limited to: (i) facilitating the availability of the Website and Application and (ii) serving as the limited agent of each Landlord for the purpose of accepting payments from Tenant on behalf of the Landlord.

Please note that, as stated above, The Website and Application are intended to be used to facilitate the request to rent the Rental Units. HOHOJO cannot and does not control the content contained in any listings and the condition, legality or suitability of any Rental Unit. HOHOJO is not responsible for and disclaims any and all liability related to any and all listings and Rental Units. Accordingly, any bookings will be made at the Tenant’s own risk.


User Account Registration
In consideration of your use of the Services of the Website and Application, you are required to first register to create a member account (“HOHOJO Account”) and agree to the following,

1 provide true, current, and complete information (hereinafter referred as “Registration Information” as prompted by the Website and Application

2 maintain and update the Registration Information to keep the same to be true, current and complete. If any Registration Information you provide is incorrect, untrue, outdated, incomplete, unpleasant or misleading, or if the Website has reasonable grounds to suspect any Registration Information you provide is incorrect, untrue, outdated, incomplete, unpleasant or misleading, the Website and Application has the right to suspend or terminate your account and refuse your current or future use of the Services without notice.

You may register to join the Services directly via the Website or Application or register to join by logging into your account with certain third party social networking sites, including but not limited to Facebook. (hereinafter referred as to “SNS”); each such account, a ‘Third Party Account”, via our Website or Application, as described below.

As part of the functionality of the Website and Application, you may link your HOHOJO Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to HOHOJO through the Website or Application; or (ii) allowing HOHOJO to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to HOHOJO and/or grant HOHOJO access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating HOHOJO to pay any fees or making HOHOJO subject to any usage limitations imposed by such third party service providers.

By granting HOHOJO access to any Third Party Accounts, you understand that HOHOJO will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on and through the Website, Application and Services via your HOHOJO Account and HOHOJO Account profile page. Unless otherwise specified in these Terms and Conditions, all SNS Content, if any, will be considered to be member content for all purposes of these Terms and Conditions. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your HOHOJO Account on the Website and Application. Please note that if a Third Party Account or associated service becomes unavailable or HOHOJO’s access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Website and Application. You have the ability to disable the connection between your HOHOJO Account and your Third Party Accounts, at any time, by accessing the “Settings” section of the Website and Application.

Please note that your relationship with the third party service providers associated with your third party accounts is governed solely by your agreement(s) with such third party service providers. HOHOJO makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and HOHOJO is not responsible for any SNS Content.

We will create your HOHOJO Account and your HOHOJO Account profile page for your use of the Website and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active HOHOJO Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. HOHOJO reserves the right to suspend or terminate your HOHOJO Account and your access to the Website and Application if you create more than one (1) HOHOJO Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your HOHOJO Account, whether or not you have authorized such activities or actions. You will immediately notify HOHOJO of any unauthorized use of your HOHOJO Account.


Rental Unit Listings
As a Member, you may create Listings. To this end, you will be asked a variety of questions about the Rental Unit to be listed, including, but not limited to, the location, capacity, size, features, availability of the Rental Unit and pricing and related rules and financial terms. In order to be featured in Listings via the Website and/or Application, all Rental Unit must have valid physical addresses. Listings will be made publicly available via the Website and/or Application. Other Members will be able to rent your Rental Unit via the Website and Application based upon the information provided in your Listing. You understand and agree that once a Tenant requests to rent your Rental Unit, and you have accepted the price offered, the price for such offer may not be altered.

You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and being requested of, or Tenant stay at, a rental unit in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Accommodation included in a Listing you post, including, but not limited to, zoning laws and laws governing rentals of residential and other properties and (b) not conflict with the rights of third parties. Please note that HOHOJO assumes no responsibility for a Landlord’s compliance with any applicable laws, rules and regulations. HOHOJO reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that HOHOJO, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms and Conditions or otherwise harmful to the Website or Application and the Services thereof.

You understand and agree that HOHOJO does not act as an insurer or as a contracting agent for you as a Landlord. If a Tenant requests to rent your Rental Unit and stays at your Rental Unit, any agreement you enter into with such Tenant is between you and the Tenant and HOHOJO is not a party thereto. Notwithstanding the foregoing, HOHOJO serves as the limited authorized agent of the Landlord for the purpose of accepting payments from Tenant on behalf of the Landlord and is responsible for transmitting such payments to the Landlord.

When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to make a request to rent your Rental Unit, including, but not limited to, requiring Members to have a profile picture or verified phone number, in order to make a request to rent your Rental Unit. Any Member wishing to make a request to rent rental units included in Listings with such requirements must meet these requirements.

If you are a Landlord, HOHOJO makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm for letting your Rental Unit. You acknowledge and agree that, as a Landlord, 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 Rental Unit at your request or invitation, excluding the Tenant (and the individuals the Guest invites to the Accommodation, if applicable.)

HOHOJO recommends that Landlords obtain appropriate insurance for their Rental Units. Please review any insurance policy that you may have for your Rental Unit 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 Tenants (and the individuals the Tenant invites to the Rental Unit, if applicable) while at your Rental Unit.


Rental issues and Financial Terms
Rental issues and Financial Terms for Landlord
If you are a Landlord and an online rental payment via HOHOJO (hereinafter referred to as HOHOPAY) is requested for your rental unit via the Site, Application and Services, you will be required to either confirm or reject HOHOPAY request within 7 days of the request (as determined by HOHOJO in its sole discretion) or the request will be automatically cancelled. When a HOHOPAY is requested via the Site, Application and Services, we will share with you (i) the first and last name of the Tenant who has requested HOHOPAY, (ii) a link to the Tenant’s HOHOJO Account profile page, (iii) the names of any members of certain third party social networking sites, including, but not limited to, Facebook, (hereinafter referred to as “SNS”) with whom you are associated on the SNS if such individuals are also “friends” or associated with the Tenant on such SNS, and (iv) an indication that the name that the Tenant provided to HOHOJO when the Tenant became a Member matches the name that the Tenant provided to the SNSs to which the Tenant has linked his or her HOHOJO Account, so that you can view such information before confirming or rejecting the request. If you are unable to confirm or decide to reject a request within such 7 days period, any amounts collected by HOHOJO for the requested HOHOPAY will be refunded to the applicable Tenant’s credit card and any pre-authorization of such credit card will be released. When you confirm the request by a Tenant, HOHOJO will send you an email, text message or message via the Application confirming such request, depending on the selections you make via the Site, Application and Services.

If you are a Landlord and an online rental payment via HOHOJO (hereinafter referred to as HOHOPAY) is requested for your rental unit via the Site, Application and Services, you will be required to either confirm or reject HOHOPAY request within 7 days of the request (as determined by HOHOJO in its sole discretion) or the request will be automatically cancelled. When a HOHOPAY is requested via the Site, Application and Services, we will share with you (i) the first and last name of the Tenant who has requested HOHOPAY, (ii) the names of any members of certain third party social networking sites, including, but not limited to, Facebook, (hereinafter referred to as “SNS”) with whom you are associated on the SNS if such individuals are also “friends” or associated with the Tenant on such SNS, and (iv) an indication that the name that the Tenant provided to HOHOJO when the Tenant became a Member matches the name that the Tenant provided to the SNSs to which the Tenant has linked his or her HOHOJO Account, so that you can view such information before confirming or rejecting the request.

If you are unable to confirm, make further negotiation or decide to reject an offer within such 7 days period, no amount will be collected from Tenant. Once the offer has been agreed and accepted by both parties, Tenant will be required to transfer the Initial Deposit to Landlord bank account which is displayed in the offer letter and registered with HOHOPAY, and Tenant will have 24 hours to transfer the agreed Initial Deposit to the agreed Landlord’s bank account. If the Tenant fails to transfer the agreed sum of Initial Deposit to Landlord’s bank account within 24 hours, the offer shall be deemed as voided.

In the case of booking a rental unit in the category of “To Travel” or “Space Sharing”, if Guest submitted a booking request to the Host, the Host will have 24 hours to (i) accept, (ii) decline or (iii) ignore the request, once the Guest submitted the request, HOHOPAY will immediate hold the booking amount (including HOHOJO Service Fees) from Guest’s credit card, and collect such amount once the Host’s accepted the request. HOHOPAY will release such amount (with HOHOJO Service Fees deducted) to Host 24 hours after Guest check-in, or 3PM at Host’s local time, whenever the earliest.

If the Host decline or ignore the booking request, HOHOPAY will refund the amount collected to Guest’s bank account, and any pre-authorization of such Guest’s credit card will be released, if applicable.

The fees displayed in each Listing are comprised of the Rent (defined below) and the Service Fees (defined below.) Where applicable, Taxes may be charged in addition to the Rent and Service Fees. The Rent, the Service Fees and applicable Taxes are collectively referred to in these Terms as the “Total Fees”. The amounts due and payable by a Tenant solely relating to a Landlord’s rental unit are the “Rent”. Please note that it is the Landlord and not HOHOJO which determines the Rent. The Rent may include a management fees, at the Landlord’s discretion.

HOHOJO charges a fee to landlords based upon 4 percentage of applicable Rent which are the “Service Fees”. The Service Fees are included to the Rent determined by Landlord to calculate the Total Fees (which will also include applicable Taxes, if any) displayed in the applicable Listing. HOHOJO will collect the Total Fees at the time when the landlord confirmed to receive the scheduled Total Rent.


Appointment of HOHOJO as
Payment Agent by Landlord
Landlord who accepted to use HOHOPAY hereby appoints HOHOJO as the Landlord’s limited agent solely for the purpose of collecting rents made by a Tenant on behalf of the Landlord. Or, in the listing under the category of “To Travel” or “Space Sharing”, each Host hereby appoints HOHOJO as the Host’s limited agent solely for the purpose of collecting rents made by Guest on behalf of the Host, Each Landlord agrees that rent paid by a Tenant to HOHOJO shall be considered the same as a rent paid directly to the Landlord and the Landlord will make each Landlord agrees to provide the rental unit available to the Tenant in the agreed manner as if the Landlord has received the rent.

For any listing under the category of “To Travel” or “Space Sharing”, each Host agrees that; HOHOJO may, in accordance with the cancellation policy selected by Host and reflected in the relevant Listing, (i) permit the Guest to cancel the Rent payment and (ii) refund to the Guest that portion of the Rent specified in the applicable cancellation policy. In accepting appointment as the limited authorized agent of the Hosts, HOHOJO assumes no liability for any acts or omissions of the Hosts.


Payment Gateway and the use of Customer Data
Any parties who agreed to use HOHOPAY as their payment gateway shall comply with the rules and regulations of all applicable card and payment schemes, (including, as appropriate the rules and regulations of HOHOPAY payment processors Braintree, Visa, MasterCard, Discover, American Express and any or their affiliate and/or successor organizations) and all other such associations and all applicable laws and regulations in performing its duties hereunder and in any of its dealings with respect to the Payment System. User agrees to comply with any federal or regional Automated Clearing House rules applicable to automatic and electronic transfer of funds including without limitation, laws, regulations, and rules governing correct authorizations by consumers and businesses, disclosures and notices required in connection with electronic funds transfer, and all necessary waivers and releases.


Collect and the use of Customer Data
User understands and agrees HOHOPAY may collect personal data from HOHOPAY users, including their name, billing address, billing zip code, unique Customer ID, card number, CVV, card expiration date, tracking ID, payment methods, stored value card number, PIN, email, ID, time zone, language, browser, javascript settings, cookie setting and flash settings, User Agent, http header, IP, type of mobile device, mobile carrier and any other data or information that HOHOPAY must request from the Customer sufficient for the payment processor to process the transaction and provide fraud screening, information security and compliance, and any other information that the Customer provides to HOHOPAY or its third party payment processor, including, but not limited to, Braintree.


Rental issues and Financial Terms for Tenants
The Landlord, not HOHOJO, is solely responsible for honoring any confirmed HOHOPAY and making available any rental units reserved through the Website, Application and Services. If you, as a Tenant, choose to enter into a transaction with a Landlord for the rental unit, you agree and understand that you will be required to enter into an agreement with the Landlord and you agree to accept any terms, conditions, rules and restrictions associated with such rental unit imposed by the Landlord. You acknowledge and agree that you, and not HOHOJO, will be responsible for performing the obligations of any such agreements, that HOHOJO is not a party to such agreements, and that, with the exception of its payment obligations hereunder, HOHOJO disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that HOHOJO is not a party to the agreement between you and the Landlord, HOHOJO acts as the Landlord’s payment agent for the limited purpose of accepting payments from you on behalf of the Landlord. Upon your payment of amounts to HOHOJO which are due to the Landlord, your payment obligation to the Landlord for such amounts is extinguished, and HOHOJO is responsible for remitting such amounts, less HOHOJO’s Service Fees, to the Landlords. In the event that HOHOJO does not remit any such amounts to the Landlord, such Landlord will have recourse only against HOHOJO.

The Host, not HOHOJO, is solely responsible for honoring any confirmed HOHOPAY or payment (whichever applicable) and making available any rental units reserved through the Website, Application and Services. If you, as a Guest, choose to enter into a transaction with a Host of the rental unit, you agree and understand that you will be required to enter into an agreement with the Host and you agree to accept any terms, conditions, rules and restrictions associated with such rental unit imposed by the Host. You acknowledge and agree that, notwithstanding the fact that HOHOJO is not a party to the agreement between you and the Host, HOHOJO acts as the Host’s payment agent for the limited purpose o accepting payments from you on behalf of the Host. Upon you payment of amounts to HOHOJO which are due to the Host, your payment obligation to the Host for such amounts is extinguished, and HOHOJO is responsible for remitting such amount, less HOHOJO’s Service Fees, to the Host. In the event that HOHOJO does not remit any such amount to the Host, such Host will have recourse only against HOHOJO.

Listings for rental unit will specify the Total Fees. As noted above, the Landlord is required to either confirm or reject the HOHOPAY request within 7 days of the request (as determined by HOHOJO and in its sole discretion) or the request will be automatically cancelled. If a request is cancelled (i.e. not confirmed by the applicable Landlord), any amounts collected by HOHOJO will be refunded to such Tenant, depending on the selections the Tenant makes via the Site and Application, and any pre-authorization of such Tenant’s credit card will be released, if applicable.

Listings under the category of “To Travel” or “Space Sharing” will specify the Total Fees. As noted above, the Host is required to either confirm or reject the booking request within 24 hours of the request (as determined by HOHOJO and in its sole discretion) or the request will be automatically declined. If a request is declined or rejected by Host, any amounts collected by HOHOJO will be refunded to such Guest, depending on the selections the Guest makes via the Site and Application, and any pre-authorization of such Guest’s credit card will be released, if applicable.

You agree to pay HOHOJO for the Total Fees for any HOHOPAY request in connection with your HOHOJO Account if such requests are confirmed by the applicable Landlord. In order to establish a HOHOPAY request pending the applicable Landlord’s confirmation of your request, you understand and agree that HOHOJO, on behalf of the Landlords, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting ( e.g. one euro or one British pound) to verify your credit card. Once HOHOJO receives confirmation of your HOHOPAY request from the applicable Landlord, HOHOJO will collect the Total Fees in accordance with the terms and conditions of these Terms and the pricing terms set forth in the applicable Listing. Please note that HOHOJO cannot control any fees that may be charged to a Tenant by his or her bank related to HOHOJO’s collection of the Total Fees, and HOHOJO disclaims all liability in this regard.

You, agree to pay HOHOJO for the Total Fees for any booking request in connection with your HOHOJO Account if such requests are confirmed by the applicable Host. In order to establish a booking request pending the applicable Landlord’s confirmation of your request, you understand and agree that HOHOJO, on behalf of the Hosts, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting (e.g. one euro or one British pound) to verify your credit card. Once HOHOJO receives confirmation of your booking request from the applicable Host, HOHOJO will collect the Total Fees in accordance with the terms and conditions of these Terms and pricing terms (including Cancellation Policy) set forth in the applicable Listing. Please note that HOHOJO cannot control any fees that may be charged to a Guest by his or her bank related to HOHOJO’s collection of the Total Fees, and HOHOJO disclaims all liability in this regard.

In connection with your HOHOPAY request, you will be asked to provide customary billing information such as name, billing address and credit card information, including but not limited to credit card number, either to HOHOJO or its third party payment processor. You agree to pay HOHOJO for any confirmed HOHOPAY request made in connection with your HOHOJO Account in accordance with these Terms by one of the methods described on the Site or Application. You hereby authorize the collection of such amounts by charging the credit card provided as part of HOHOPAY request, either directly by HOHOJO or indirectly, via a third party online payment processor or by one of the payment methods described on the Site or Application. If you are directed to HOHOJO’s third party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your confirmed HOHOPAY transaction is completed you will receive a confirmation email summarizing your confirmed HOHOPAY payment.

In the case of listing under the category of “To Travel” or “Space Sharing”, you, as a Guest, will be asked to provide customary billing information such as name, billing address and credit card information, including but not limited to credit card number, either to HOHOJO or its third party payment processor. You agree to pay HOHOJO for any confirmed booking request made in connection with your HOHOJO Account in accordance with these Terms by one of the methods described on the Site or Application. If you are directed to HOHOJO’s third party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your confirmed HOHOPAY transaction is completed you will receive a confirmation email summarizing your payment.


Service Fees
In consideration for providing the Services, HOHOJO collects Service Fees from Landlords or Hosts Service Fees is charged to the Landlord or Host based upon a percentage of the amount of the Rent. Where applicable, Taxes may also be charged in additional to the Rent. Service Fees are deducted from the Rent before remitting the Rent to the Landlord or Host. Balance will be remitted by HOHOJO to Landlords or Hosts via payment methods described on the Site or via the Application, in the Landlord’s or Host’s currency of choice, depending upon the selections of the Landlord or Host make via the Site, Application and Services. Please note that for any payment by HOHOJO in currencies other than HK dollars or US dollars, HOHOJO may deduct foreign currency processing costs form such payment.


General Financial Terms
Cancellations and Refunds
If, as Tenant, you cancel your HOHOPAY request before the request is confirmed by a Landlord, HOHOJO shall cancel any pre-authorization to your credit card and/or may refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time. For listing under the category of “To Travel” or “Space Sharing”, if, as a Guest, you wish to cancel a confirmed booking made via the Site, Application and Services, either prior to or after arrival to the rental unit, the cancellation policy by the Host contained in the applicable Listing shall apply to such cancellation. Our ability to refund the Rent (except Service Fees) and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site and Application.

Except as otherwise provided in this Terms and Conditions, Service Fees are always non-refundable.

If a Landlord cancels a confirmed HOHOPAY made via the Site, Services, and Application, (i) HOHOJO will refund the Total Fees for such rental unit to the applicable Tenant within a commercially reasonable time of the cancellation and (ii) the Tenant will receive an email or other communication from HOHOJO.

If a Landlord cancelled a confirmed HOHOPAY request, and you, as a Tenant, have not received an email or other communication from HOHOJO, please contact HOHOJO at cs@hohojo.com.

Except as otherwise provided in this Terms and Conditions, Service Fees are always non-refundable.

In any booking under the category of “To Travel” or “Space Sharing”, if a Host cancels a confirmed booking made via the Site, Services and Application, (i) HOHOJO will refund the Total Fees of such rental unit to the applicable Guest within a commercially reasonable time of the cancellation and (ii) The Guest will receive an email or other communication from HOHOJO. If a Host cancelled a confirmed booking and you, as a Guest, have not received an email or other communication from HOHOJO, please contact HOHOJO at cs@hohojo.com

If a Landlord cancelled a confirmed HOHOPAY and you, as a Tenant, have not received an email or other communication from HOHOJO, please contact HOHOJO at cs@hohojo.com.
Recurring Payments
In certain instances, Tenants may be required to make recurring, incremental Rent and/or Total Fees owed for a confirmed rental unit (collectively referred to as “Recurring Payments”). More information on Recurring Payments will be made available via the Site, Application and Services, if applicable. If Recurring Payments apply to your payment obligations for Total Fees owed for a confirmed rental unit, you authorize HOHOJO, on behalf of the Landlord, to collect the Total Fees at the scheduled frequency associated with the applicable Recurring Payments, and HOHOJO will send instruction to the Tenant 5 days prior to the scheduled Recurring Payments containing payment related information, you acknowledge that once you returned the instruction to HOHOJO, you agreed to continue to process Recurring Payments via HOHOPAY.
Taxes
You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. HOHOJO cannot and does not offer Tax-related advice to any Members of the Site, Application and Services. Additionally, please note that each Landlord is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings.
Foreign Currency
As part of the Services, HOHOJO provides a feature through which users or Members may view Total Fees for various Listings in foreign currencies. You understand and agree that these views of Total Fees are for informational purposes only and are not the official Total Fees for the Listings. If you (as a Tenant or a Guest) make a request to rent a rental unit, you will be notified of the currency in which you will be charged together with the corresponding amount of Total Fees, if your request to rent of a rental unit is confirmed by a Landlord or Host.

The currency in which you will be charged will be determined by HOHOJO based on the payment method you selected and the location of the rental unit in the Listing you are requested or based on the country of your bank account registered with HOHOPAY. If the currency in which you will be charged is different from the currency chosen by the Landlord or Host to receive payment, HOHOJO will be responsible for the required currency conversion processing, including the costs thereof, which will be calculated based on the most current applicable foreign exchange rate that HOHOJO has uploaded to the Site as of the date and time that your rental unit is confirmed (the “Applicable Exchange Rate”). You acknowledge that the Applicable Exchange Rate used for currency conversion processing may not be identical to the applicable market rate in effect at the specific time such processing occurs because: (i) although HOHOJO updates the Applicable Exchange Rate on a regular basis, it does not update such rate on a real-time basis; and (ii) the Applicable Exchange Rate may include an incremental cost or margin that is not included in the applicable market rate. For the avoidance of doubt, HOHOJO will retain any profits (and will bear any losses) that result from such currency conversion processing due to changes in the applicable foreign exchange rate between the date your request to rent the rental unit is confirmed and the date HOHOJO makes payment to a Landlord or Host.


User Conduct
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Website, Application and Content. In connection with your use of our Website and Application, you may not and you agree that you will not:

• violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
• use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Website, Application and Content.;
• use the Website and Application for any commercial or other purposes that are not expressly permitted by these Terms;
• copy, store or otherwise access any information contained on the Website and Application for purposes not expressly permitted by these Terms;
• infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
• interfere with or damage our Website and Application, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
• use our Website and Application to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
• use our Website and Application in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;
• "stalk" or harass any other user of our Website and Application or collect or store any personally identifiable information about any other user other than for purposes of transacting as an HOHOJO Tenant or Landlord;
• offer, as a Landlord, any Rental Unit that you do not yourself own or have permission to rent as a residential or other property (without limiting the foregoing, you will not list Rental Unit as a Landlord or Host if you are serving in the capacity of a rental agent or listing agent for a third party);
• to act, or attempt to act as an agent to market any agency business in any way including but not limited to setup Listing(s) or contact any member (s) of the Website and/or Application, and HOHOJO reserves the right to immediate suspend or permanently ban any access to the Website and/or Application and delete any materials posted on the Website and/or Application without any notice and without any liability and reserves the right to pursue further legal action.
• offer, as a Landlord or Host, any Rental Unit that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, a property rental agreement;
• register for more than one HOHOJO Account or register for an HOHOJO Account on behalf of an individual other than yourself;
• contact a Landlord for any purpose other than asking a question related to rent such Landlord’s Rental Unit or Listings;
• contact a Tenant for any purpose other than asking a question related to make request to rent a Rental Unit or such Tenant’s use of the Website or Application.
• when acting as a Tenant, Guest or otherwise, recruit or otherwise solicit any Landlord, Host or other Member to join third party services or websites that are competitive to HOHOJO, without HOHOJO’s prior written approval;
• impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
• use automated scripts to collect information or otherwise interact with our Website and Application;
• use the Website and/or Application to find a Landlord or Tenant and then complete a Rental Unit transaction independent of the Website and/or Application in order to circumvent the obligation to pay any Service Fees related to HOHOJO’s provision of the Services.
• as a Landlord or Host, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honor;
• or post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
• systematically retrieve data or other content from our Website or Application to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise
• use, display, mirror or frame the Website or Application, or any individual element within the Website, Application, Services, HOHOJO’s name, any HOHOJO trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without HOHOJO’s express written consent;
• access, tamper with, or use non-public areas of the Website or Application, HOHOJO’s computer systems, or the technical delivery systems of HOHOJO’s providers;
• attempt to probe, scan, or test the vulnerability of any HOHOJO system or network or breach any security or authentication measures;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by HOHOJO or any of HOHOJO’s providers or any other third party (including another user) to protect the Website, Application, Services, HOHOJO Content or Member Content. (Hereinafter referred to as Collective Content);
• forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Website, Application, Services and Collective Content; or
• advocate, encourage, or assist any third party in doing any of the foregoing.


No Endorsement
• HOHOJO does not endorse any users or any Rental Units. In addition, although these Terms and Conditions require users to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Website, Application or Services. HOHOJO will not be responsible for any damage or harm resulting from your interactions with other Members.
• By using the Website, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from HOHOJO with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Website, Application or Services regarding any rental issues or Listings made by you. This limitation shall not apply to any claim by a Landlord or Host against HOHOJO regarding the remittance of payments received from a Tenant or Guest by HOHOJO on behalf of a Landlord or Host, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.


Ownership
The Website, Application, Services and Collective Content are protected by copyright, trademark, and other laws of Hong Kong Special Administration Region (HKSAR) and foreign countries. You acknowledge and agree that the Website, Application, Services and Collective Content, including all associated intellectual property rights is the exclusive property of HOHOJO and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, Application, Services, or Collective Content.


Application License
Subject to your compliance with these Terms and Conditions, HOHOJO grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. HOHOJO reserves all rights in the Application not expressly granted to you by these Terms.


HOHOJO Content and Member Content License
Subject to your compliance with the terms and conditions of these Terms and Conditions, HOHOJO grants you a limited, non-exclusive, non-transferable license, to (i) access and view any HOHOJO Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Website, Application, Services, or Collective Content, except as expressly permitted in these Terms and Conditions. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by HOHOJO or its licensors, except for the licenses and rights expressly granted in these Terms and Conditions.


Member Content
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Website, Application and Services, you hereby grant to HOHOJO a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Website, Application and Services. HOHOJO does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.

You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Website, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Website, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to HOHOJO the rights in such Member Content, as contemplated under these Terms and Conditions; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or HOHOJO’s use of the Member Content (or any portion thereof) on, through or by means of the Website, Application and the Services 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.


Site Links
The Website, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that HOHOJO is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by HOHOJO of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risks arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

You further understand and agree that the Website shall 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 such content, goods or services available on or through any such site or resource.


Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of HOHOJO used herein are trademarks or registered trademarks of HOHOJO and are protected by intellectual property rights law. User shall not make any use of any of these whether in part or in whole without the prior, written authorization of the Website.

All content on the Website and Application, including design, text, graphics, logos, button icons, images, software and audio clips; any improvements or modifications to such content; any derivative works thereof; the collection, arrangement and assembly of all content appearing on the Website and Application, are the exclusive property of the Website and Application and are protected by Hong Kong, national and international copyright and other applicable intellectual property laws.


Termination and HOHOJO Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms and Conditions or your access to our Site, Application and Services, and (b) deactivate or cancel your HOHOJO Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event HOHOJO terminates these Terms and Conditions, or your access to our Website, Application and Services or deactivates or cancels your HOHOJO Account you will remain liable for all amounts due hereunder. You may cancel your HOHOJO Account at any time by sending an email to cs@hohojo.com. Please note that if your HOHOJO Account is cancelled or deactivated, we do not have an obligation to delete or return to you any Content you have posted to the Website, Application and Services, including, but not limited to, any reviews or Feedback.

You also agree that the Website or Application has no responsibility towards you or any third parties as a result of the Website’s or Application’s cancellation or deactivation of your use of the Services or cancellation or deactivation of your account or relevant information and files.


Disclaimers
If you choose to use the site, application, services and participate in the referral program, you do so at your sole risk. You acknowledge and agree that HOHOJO does not have an obligation to conduct background checks on any member, including, but not limited to, guests and hosts, but may conduct such background checks in its sole discretion. The Website, Application, Services, Collective Content are provided “as is”, without warranty of any kind, either express or implied. Without limiting the foregoing, HOHOJO explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. HOHOJO makes no warranty that the Website, Application, Services, Collective Content, including, but not limited to, the listings or any Rental Units, secure, or error-free basis. HOHOJO makes no warranty regarding the quality of any listings, rental units, the services or collective content or the accuracy, timeliness, truthfulness, completeness or reliability of any Collective Content obtained through the site, application or services.

No advice or information, whether in oral or written, obtained from HOHOJO or through the site, application, services or collective content, will create any warranty not expressly made herein. You are solely responsible for all of your communications and interactions with other users of the Website, Application or Services and with other persons with whom you communicate or interact as a result of your use of the Website, Application or Services, including, but not limited to, any Landlord or Tenant.

You understand that HOHOJO does not make any attempt to verify the statements of users of the Website, Application or Services or to review or visit any Rental Unit. HOHOJO makes no representations or warranties as to the conduct of users of the Website, Application or Services or their compatibility with any current or future users of the Website, Application or Services. You agree to take reasonable precautions in all communications and interactions with other users of the Website, Application or Services and with other persons with whom you communicate or interact as a result of your use of the Website, Application or Services, including, but not limited to, Tenants and Landlords, particularly if you decide to meet offline or in person regardless of whether such meetings are organized by HOHOJO. Notwithstanding HOHOJO’s appointment as the limited agent of the landlords for the purpose of accepting payments from Tenants or Guests on behalf of Landlords or Hosts, HOHOJO explicitly disclaims all liability for any act or omission of any Tenant, Guest or other third party. You also understand and agree that in no event shall the Website, Application or Services be liable for any direct, indirect, incidental, special or consequential damages for the cost of procurement of substitute goods and services, or for said damages resulting from any goods or services purchased or obtained, or messages received or transactions entered into through the Website, including but not limited to, damages for loss of profits, use, or data, or any other intangible losses, The Website is not in anyway to be considered to be an agent with respect to any Member’s use of the Website and/or Application and the Website and Application will not be responsible in any way for any decision of whatever reason made, made by any party searching Listing or posted their Listing on the Website and/ or Application.


Limitation of Liability
You acknowledge and agree that, The Website, Application, and their respective officers, directors, shareholders, employees or representatives are not liable for any damages, losses, harm or claims in any way related to the errors, omissions, interruptions or other inaccuracies at the Website and Application.

You also acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Website, Application, Services and Collective Content, your Listing or request to rent of any Rental Unit via the Website, Application and Services, and any contact you have with other users of HOHOJO whether in person or online remains with you. Neither HOHOJO nor any other party involved in creating, producing, or delivering the Website, Application, Services 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 these terms, from the use of or inability to use the Website, Application, Services or Collective Content, from any communications, interactions or meetings with other users of the Website, Application or Services or other persons with whom you communicate or interact as a result of your use of the Website, Application or Services, or from your listing or request to rent any Rental Unit via the Website, Application or Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not HOHOJO 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.

In no event will HOHOJO’s aggregate liability arising out of or in connection with these terms and your use of the site, application and services including, but not limited to, from your listing or request to rent any Rental Unit via the Website, Application or Services, or from the use of or inability to use the Website, Application, Services, or Collective Content or interactions with any other members, exceed the amounts you have paid or owe for renting via the Website, Application and Services as a Tenant in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Landlord, the amounts paid by HOHOJO to you in the twelve (12) month period prior to the event giving rise to the liability, or HKD$500, 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 HOHOJO and you.


Indemnity
You agree to release, defend, indemnify, and hold HOHOJO 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 (a) your access to or use of the Website, Application, Services, or Collective Content or your violation of these Terms and Conditions; (b) your Member Content; (c) your (i) interaction with any Member, (ii) request to rent a Rental Unit, (iii) creation of a Listing or (iv) the use, condition or rental of a Rental Unit by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, or use of a Rental Unit.


Use of Discount Code
The Website and Application may offer discounts to certain members in the form of Discount Code. You fully understand and agree the use of the Discount Code is at your own risk, and you understand and agree:

1. The Website or Application may alter or cancel the use of Discount Code without prior notice.
2. Your usage of Discount Code may benefit others, including but not limited to, in return of rebate.
3. In case of disputes, the decision of the Website and Application shall be final.


Dispute Resolution
You and HOHOJO agree that any dispute, claim or controversy arising out of or relating to these Terms and Conditions or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Website or Application (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and HOHOJO are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and HOHOJO otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

Unless you and HOHOJO otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed HKD$10000, then the arbitration will be conducted solely on the basis of documents you and HOHOJO submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. The arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

The arbitrator will render an award within the reasonable time. 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 having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. HOHOJO will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.


Modification and Notice
The Terms and Conditions may be modified from time to time. You should therefore read the Terms and Conditions and the order terms before you use the Website and Application.

The Website or Application may send e-mails, publish notice, and/ or by post to inform you of any change of the Terms and Conditions and other matters.


Copyrights Policy
You understand and agree that it is HOHOJO’s policy to terminate in appropriate circumstances the HOHOJO Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.


Privacy
See HOHOJO’s Privacy Policy for information and notices concerning HOHOJOs collection and use of your personal information.


General
The failure of HOHOJO to enforce any right or provision of these Terms and Conditions 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 HOHOJO. 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. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms and Conditions will remain in full force and effect.


Contact
If you have any questions about HOHOJO, these Terms and Conditions or Application, please contact us at cs@hohojo.com.